1. This is a bail application pending review. The applicant was charged with the crime of contravening section 3 (1) as read with section 3 (3) of the Gold Trade Act [Chapter 21:03]. He pleaded guilty. The trial court found no special circumstances and he was sentenced to the minimum mandatory sentence of five years imprisonment. Aggrieved by the sentence the applicant filed this application for review. More
The two applicants are young women aged 19 and 18 years respectively. They have approached this Court in terms of s 85(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) which came into force on 22 May 2013. They complain about the infringement of the fundamental rights of girl children subjected to early marriages and seek a declaratory order in the terms that:
“1. The effect of s 78(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 is to set 18 years as the minimum age of marriage in Zimbabwe.... More
On 12 September 2006, the applicant obtained an order from this court compelling Africa International Removals to pay her the sum of $4 441 841, 67 together with interest thereon, to deliver to her vehicle and a mobile phone together with a line for use in that phone. A warrant of execution was taken out against the defendant and some vehicles belonging to the defendant were attached in execution. A few days after the attachment, the defendant paid the amount levied on the warrant in full. The motor vehicle and the mobile phone handset were not delivered, prompting the applicant... More
This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
Cases of repeat violent offenders are a scourge that will always put bail law in this jurisdiction under heightened scrutiny. Those who wear their disdain of violent crime on their shirt sleeves have even gone to the extent of arguing that when the Constitution of Zimbabwe elevated bail to a constitutional right it made the bail system weak and exposed the public to the depredations of gangsters and kindred offenders. Some human rights defenders and those with contrary views however argue that the presumption of innocence entails that no matter how grave or gory an offence may be viewed by... More
On 7 May 2013 the Supreme Court gave the following order in a matter between the parties;
“1. The appeal is allowed with costs.
2. The judgment of the Labour Court is hereby set aside and substituted as
follows-
i) The appeal is dismissed with costs.
ii) The appellant shall reinstate the respondent to his former position without loss of salary and benefits or pay damages to the respondent in lieu of reinstatement.
3. The reasons for this order will follow in due course.”
After the Supreme Court order, appellant reported for duty but was advised that he was not... More
This is an appeal against an award by an arbitrator. Before the appeal could be argued two points in limine were raised on behalf of the respondent, a third point in limine having been abandoned. More
This matter commenced as a court application and ended up as a trial having been converted to a trial by order of the court which directed that the founding affidavit notice of opposition and replying affidavit stand as pleadings. No further pleadings were ordered be filed.
At the pre-trial conference a joint pre-trial conference minute on the basis of which the matter was referred to trial captured the issues for trial as follows:
(1) Whether both the late Margret Munetsi and the first defendant purchased Stand No. 18215 Measuring 1855 square meters from the third defendant.
(2) Whether or not... More
The following are the reasons informing the decision of the judgment I delivered ex tempore on 22 March, 2022. The reasons are being provided at the request of the respondents. The dispute primarily related to the right to occupy a certain piece of land referred to as plot 70 Chatsworth estate, Gutu which was allocated by means of a “certificate of occupation” issued by the Ministry of Lands and Rural resettlement to one Simon Chirume. The latter has since passed on leaving behind the 1st applicant as his surviving spouse. The three respondents are Simon Chirume’s children, all of whom... More
This is an application for dismissal of an application for want of prosecution in terms of Rule 236 (3) (b) of the High Court Rules 1971 (the rules).
The history is as follows. Respondent who is a sitting councilor in 3rd applicant’s Council filed an application for cession of his right, title and interest in respect of a stand he alleged to belong to him. The application was filed under cover of case number HC 2750/19 on the 19th of October 2017 and applicants filed their notice of opposition and opposing affidavits on the 3rd of November 2017. These documents... More
The facts of this matter are largely common cause. I set them out as follows.
On 27 March 2009, the applicant and the first respondent entered into a written agreement of sale in terms of which the applicant sold to the first respondent certain immovable property fully described as Stand 2902 Bluff Hill Township of Bluff Hill Township measuring 3738 square metres, for the sum of US$230 000-00. It was a specific term of the agreement of sale that the purchase price would be paid as to a deposit of $130 000-00 upon the signing of the agreement and the... More
The facts of the matter brings into focus the challenges this court will always have in unopposed divorce matters where one of the parties to the proceedings decides to act fraudulently and abuses the procedure adopted in such matters. What leaves a bitter a taste in the mouth as it were, is that the presiding judge acting attentively and with due diligence may not detect such fraud. It is precisely for this reason that I have decided to write this judgment in an unopposed matter so as to highlight this problem and possibly alert a number of legal practitioners who... More
The appeal is against the determination by the Respondent’s Works Council handed down on 24 March, 2011 which upheld earlier findings by Respondent hearing committee.
The background facts to the matter are as follows;
The Appellant was employed by the Respondent on the 1st of July, 2004 as the Administration Clerk. In 2005 she was transferred to CCD to work as a Cashier. From 2007 to 2009 she was again transferred to work as CIT Cashier. In 2009 she was re assigned to do stock controller duties. She was on 28 December, 2010 notified to attend a disciplinary hearing in... More
The plaintiff issued summons in terms of which he is claiming against the defendant payment of a sum of US$23 925-00 together with interest thereon at the prescribed rate, and costs of suit. More
There is a growing tendency by litigants to circumvent the law in bail applications through conduct calculated to usurp the power of this court to protect and regulate bail proceedings with the result that anarchy prevails to the detriment of the good administration of justice. Such conduct if allowed to continue has the potential of derailing the bail system and destroy its credibility. This court’s power to regulate and protect the credibility of its processes is inherent at common law and codified in s 176 of the Constitution of Zimbabwe (Amendment No 20) Act 2013. More
