: On 18 December, 2015, the applicant applied for a declaratur to the effect that the respondent was in contempt of the court in relation to the court order in case HC 1243/98. More
1. This is an application for a declaratory order. Applicant seeks an order couched in the following terms:
i. That the sale and transfer of applicant’s property namely stand number 11294A Bulawayo Township measuring 4, 674 square metres also known as number 2B Bristol Road, South Belmont, Bulawayo to the 1st respondent under Deed of Transfer No. 1746/2019 are hereby declared fraudulent therefore null and void with no force and effect. More
On 22 May 2008, after hearing counsel, I dismissed this application with costs. I am now informed that reasons for the dismissal are required, the reason being that the parties hereto or other parties with an interest in the subject matter of the application are engaged in a legal wrangle and the judge dealing with the matter required my reasons. These are they. More
This matter was referred to me as one ready for a pre-trial conference in terms of r 49 (8). I then instructed that the parties should appear before me for a pre-trial conference on 30 September 2022 at 10.30 am. Though such pre-trial conferences are usually held in chambers, I arranged for the holding of this pre-trial conference in court so that it could be recorded. This was because of the state of the record and the apparent history of the matter. More
This is an appeal against the decision of the respondent to dismiss the appellant from employment after two hearings that were conducted at the workplace.
The brief history of the dispute is as follows:
The appellant was employed by the respondent on 1 October 2006 as a binner working in the stores department as shown by Annexutre “A” (i.e. the contract of employment). On 21 May 2013 the appellant was dismissed from employment after being charged with refusing to comply with a lawful instruction that was given by a person in authority. It was alleged that on Wednesday 15 May... More
This is an appeal against the decision of the Respondent where it dismissed the Appellant following misconduct allegations of embezzlement, willful disobedience to a lawful order and gross negligence of duty in contravention of the Innscor Code of conduct. More
WAMAMBO J: This is an appeal against the judgment of the Magistrates Court. At the hearing we upheld the point in limine raised.
It is now our understanding that an appeal has been lodged in the Supreme Court. There is however, no request for full reasons in the IECMS System. Our attention was brought for the full reasons to be availed by the Registrar’s Office.
The reasons behind the decision we arrived at now follow.
The respondent as the plaintiff in the court a quo issued summons against the appellant (who was the defendant in the court a quo).
The... More
This is an application for rescission of judgment. This court entered a default judgment on 22 January 2014 following the applicant’s failure to attend court. The application is opposed.
The applicant alleges that he was not in wilful default. Though he received the notice of set down and duly diarised the matter it is claimed that on the eve of the hearing the applicant’s lawyer one PepukaiMabundu was travelling from Bulawayo where he had attended court on 20 and 21 January 2014. On the drive back, it is alleged that Mr Mabundu hit a pothole and had a double tyre... More
DUBE-BANDA J: This is an application for bail pending trial. Applicants appeared before this court without legal representation. They are charged with the crime of murder as defined in section 47(1) (a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that they struck Ernest Dube (deceased) with axes and machetes all over the body resulting in his death. They stole a service rifle, Nokia cell phone and house keys. More
This matter concerns an application for contribution towards legal costs and maintenance pendente lite.
The parties are husband and wife having married under the Marriage Act (Chapter 5:11) now [Chapter 5:17].
Applicant instituted divorce proceedings which were stalled due to a number of challenges culminating in the divorce matter being removed from the roll. Three children were born of the marriage. Two, of the children are now majors and self-supporting while the youngest was born on 12 May 2005 and at the time of the execution of applicants founding affidavit was attending upper six.
The following form the bedrock of... More
The Appellant lodged an appeal with this court to have it overturn the decision of the Respondent‘s internal Appeals Committee which confirmed his dismissal following allegations of willful disobedience of lawful orders given by his superiors.
The facts of the case deserve elaborate mention because the allegations of disobedience arose within the context of these facts. In essence it is the attendant challenges raised by the Appellant on the orders in question which gave rise to the allegations which saw his dismissal. More
This is a court application in terms of s 52 (9) (1) of Administration of Estates Act [Chapter 6:01] seeking an order to set aside the decision of the Master.
The facts are simple. The late Patrick Rinos Chirinda died testate on 18 February 2017. His estate was registered with the Master of the High Court. The applicants are children of the deceased though not the only children. The deceased is survived by his wife and children. The last will and testament was attested to on 30 November 2007. More
The applicant approaches this Court under s 167(2)(d) as read with s 85(1) of the Constitution of Zimbabwe. It seeks an order declaring that the Constitution of Zimbabwe Amendment No1 Bill, alternatively, the Constitution of Zimbabwe Amendment No1 Act, and the Constitution of Zimbabwe Amendment No2 Act are invalid. Ultimately the applicant seeks an order that both be set aside following a declaration of invalidity. More
The applicants brought an application for a declaratory order on the legality of the respondent’s debt collection activities. The first applicant is a body corporate established to regulate and protect the legal profession and all activities that fall under the legal profession’s mandate in Zimbabwe. The second applicant is a ratepayer in Harare who was served with a letter of demand from the respondent. The first respondent is a debt collector. More
