This is an application for condonation of late filing a notice of opposition and upliftment of the bar operating against the applicant employer. The applicant is out of time by 28 days to file its opposition in LC/H/1164/22 which is a review matter at the instance of the respondent employee. The employee is opposed to the grant of the condonation relief. He cites the fact that the employer has no good excuse for the default and that it does not have merited opposition to his review application. More
This urgent court application was filed in terms of r 59(6) of the High Court Rules, 2021. The applicant seeks spoliatory relief and other interdicts pending the resolution of a shareholder dispute that is currently before arbitration tribunal. That dispute is concerned with a joint venture arrangement between the applicant and the first respondent that involves the affairs of the second respondent. The second, third and fourth respondents were cited as interested parties. They did not oppose the application and were not represented at the hearing. More
The plaintiff and defendant were joined in holy matrimony on 25 March 1972 at Harare in terms of the Marriages Act, 1964(now Chapter 5:11). Their marriage still subsists.
The marriage was blessed with five children who are now adults and self sustaining.
During the subsistence of the marriage the parties acquired some movable assets and an immovable asset namely, No. 17 Dengu Street, Zengeza 1, Chitungwiza.
On 17 May 2014 the plaintiff sued defendant for a decree of divorce and the distribution of the assets acquired during the subsistence of the marriage between the parties More
1. This is an application for bail pending appeal against sentence. On 17 January 2023 after hearing arguments, I delivered an ex tempore judgment, to wit: “The application for bail be and is hereby dismissed.” I have, however, been requested to provide a fully dressed judgment with reasons. I outline hereunder the reasons for this decision.
2. The salient facts are that the applicant was arraigned before the Magistrate Court sitting at Filabusi. He was charged with the crime of assault as defined in section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23). It being alleged that... More
The Appellant was employed by the Respondent as an International Truck Driver in 1991. On the 8th of August 2013 Appellant in the course of duty drove from Mimosa to Boksburg. He had been allocated 1600 litres of diesel for the journey. The truck however ran out of fuel 60km before the destination resulting in an additional 200 litres being sent to Appellant in order to enable him to reach Boksburg. It is common cause the Appellant was travelling in a convoy with other trucks belonging to the Respondent. Upon his return to Harare the Appellant was notified to attend... More
This is an application for bail pending appeal. The applicants appeared before a Regional Magistrate sitting at Karoi on three counts of robbery in contravention of s126 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9:23. They pleaded not guilty but were all convicted and each was sentenced to 12 years imprisonment of which 4 years imprisonment were suspended on condition of good behavior. In addition, 2 years imprisonment were suspended on condition of restitution. More
On 20 November 1998 the plaintiff and the defendant were joined together in holy matrimony by a Minister of religion in terms of the Marriages Act, [Cap 5:11]. It must have been a joyous occasion for the parties and their respective families and friends. Being a ceremony presided over by a minister of religion the usual religious vows to live with each other in sickness and in health ‘until death do us part’ may have been taken by the couple. More
Applicant applied to this Court for the review of his dismissal from employment by Respondent. The application was made in terms of Section 89(1) of the Labour Act Chapter 28:01 as read with Rule 20(1) of the Labour Court Rules, 2017. Respondent opposed the application. More
This is an application for a review of the decision of the first respondent which refused to uphold the exception to the misconduct charges which had been leveled against the applicant.
The brief facts of the matter are that on 18 June 2012 the applicant was brought before the first respondent facing charges of contravening SI 171/ 10 which is the 2nd respondent’s code of conduct . In particular it was alleged that he had committed the offence of “fighting or riotous behavior “at his workplace contrary to the spirit of the code of conduct. More
The plaintiff brings a claim for a house allegedly bought from proceeds of a theft of his gold ore.
The plaintiff’s claim is based on the following facts. The first defendant was formerly employed as a mine manager at Chad 7 Mine in Chakari, owned by the plaintiff from March to August 2016. The first defendant stole gold ore from the mine, had it secretly milled without his consent and sold it. He used the proceeds of the theft to purchase house number 1786 Waverly Township, Kadoma and registered it in both his and the second defendant’s names. The defendants... More
The applicant is a member of the Zimbabwe Republic Police currently stationed at BULAWAYO TRAFFIC WEST on Highway Patrol. Sometime in January 2001 he was allocated a five roomed house at Gwanda New Police Camp where he was then based as accommodation. More
This application tells a story of two brothers who have been fighting over their father’s estate for over thirty years. The facts that are common cause may be summarised as follows: More
Applicant is facing a charge of Murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegation is that the offence was committed on the night of the 25th December 2020 when applicant came home drunk and became violent causing his wife to flee into a maize field leaving the deceased alone with applicant. More
The plaintiff’s claim is for the replacement and return of 383 x 50kg
bags of urea fertiliser, or alternatively, their market value calculated at the date of judgment
together with interest at the prescribed rate and costs More
In this case the plaintiff legally divorced her former husbands in a civilized manner as is expected of human beings.When the love relationship has come to a dead end, they do not have to kill each other but pursue the legal route out. The law in its wide encompassing way does not limit the number of times one can get married and equally get divorced as long as it is within the legal precincts. The parties in this divorce matter agreed that their marriage had irretrievably broken down to such an extent that there are no prospects of restoration of... More
