Applicant seeks the setting aside of a judgment entered in her absence. She also pursues, as consequential relief, joinder to the same proceedings in HC 1202/21. The application is brought under rule 29 of the High Court Rules SI 202/21 (rule 449 of the old High Court Rules 1971). Applicant`s claim herein is based on what she describes as her direct and substantial interest, as a lessee, in a farm from where she now faces eviction. More
This is an application for condonation of late filing of an application for setting aside an Arbitral Award in terms of Article 34 of the Arbitration Act Chapter 7:15. Both parties travelled an arduous journey to reach where they are today. Numerous judgments by this Court and the Labour Court were penned by different Judges. After a protracted dispute concerning the appointment of an impartial arbitrator to quantify the damages earlier on awarded by Mr M. L. Sibanda, the Registrar of this court was ordered to appoint an Arbitrator from his roll – See HC 1271/19. More
These were three opposed applications heard as one case. The globular relief sought was just about the same. Some facts differed here and there. Counsel agreed this was not in any material respects. They therefore agreed it would be practical for the cases to be combined. More
These two cases were urgent chamber applications for an interdict pendente lite. Both were prepared and launched at about the same time. Counsel agreed I should consider them together even though in Case 2, Sylvia Choruwa v The Commissioner – General, ZIMRA, there was no formal hearing as such. More
The plaintiff in this matter claims the repair and delivery of his Audi 200 motor vehicle or, in the alternative, payment in the sum of $900 million as damages in respect of the replacement value of the vehicle. The defendant disputes liability on the main and alternative claim and, in any event, invokes the owner’s risk disclaimer clause in the repair contract as absolving it of any liability to the plaintiff. More
This is an appeal against the decision of the Respondent’s Appeals Authority handed down on 4 July 2012 which decision confirmed an earlier decision by the Disciplinary Authority finding the Appellant guilty on the charge of unlawful job action and subsequently imposing a penalty of dismissal in respect of all the Appellants. More
On 23 May 2017, I delivered an ex tempore judgment granting the application for rescission of judgment after hearing the matter. Following a request for the written reasons, I hereby furnish them.
The application was for rescission of a default judgment which was handed down on the 12th of October 2016 in HC 10562/13. The default judgment ordered the respondents and all those claiming occupation through them to vacate from House number 7434 Unit K, Seke Chitungwiza. Apparently, the first applicant is a sister in law to the second respondent. More
This is an appeal against the whole judgment of the High Court of Zimbabwe (the court a quo) handed down at Mutare on 9 May 2022 declining jurisdiction to hear and determine an application for a declaratory order of spoliation sought by the appellant. More
This trial commenced on 17 May 2012. After legal procrastination of over six (6) years the matter has finally come to its conclusion. These slow motion trials should be discouraged. The parties must endeavour to bring the matters to expeditious conclusion. In its pre-trial conference minute plaintiff on the one hand stated that it anticipated the duration of the trial to be four (4) days. On the other hand the defendant indicated that the trial would take about two (2) days. Unfortunately the trial took far much longer than what the parties anticipated. More
Appellant was employed on three months contracts from 1st October 2003. The last of such contract expired on 31st December 2009 and was not renewed. The Appellant challenged the non-renewal as unlawful dismissal. The matter was subsequently referred to arbitration and the Arbitrator ruled in favour of the Appellant. The Arbitrator ordered that;
“Since the last contract had run its course, it is the tribunal’s view that the claimant is entitled to reinstatement or to payment for an equivalent period to his last contract, on the same terms and conditions as that last contract which was subsequently not renewed. That... More
On 18 December 2015, the applicant filed an application for rescission of judgment in this Court. The application was opposed by the respondent.On the date of the hearing and before the application could be heard on merits, the respondent raised preliminary points and urged the court to make a specific finding that the applicant’s case was not properly before the court, and therefore sought its dismissal on that point.
The point in limine raised by the respondent’s counsel concerned the interpretation of order 9 Rule 63(1) of the High Court Rules, 1971 which is framed as follows:
“63 court may... More
TAKUVA J: This is an application for condonation for late noting of appeal.
After hearing argument I dismissed the application. Subsequently a request for reasons was filed by the applicant’s legal practitioners.
These are they.
The applicant was arraigned with three others before a Regional Magistrate sitting at Tredgold on allegations of contravening section 126 of the Criminal Law Codification and Reform Act Chapter 9:23. The state’s allegations were that on 13 March 2018 the appellant and his accomplices went to house No. 115 Mahatshula South Bulawayo where they pretended to be police officers on duty. They later produced a... More
The appellant was charged and convicted of Rape as defined in s 65 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. The appellant was convicted of 2 counts of rape and sentenced in respect of both counts to 18 years imprisonment of which 3 years imprisonment was suspended on usual conditions of good behaviour. Aggrieved by both conviction and sentence imposed by the court a quo, the appellant approached this court on appeal. I must mention that the appellant’s counsel properly conceded that if the conviction was proper then the sentence imposed was appropriate as it was in... More
This is an appeal against the decision of the designated agent for NEC Rural District Councils where he ordered that applicant pays Union dues for its employees including for some employees who claim to have withdrawn their membership from the Zimbabwe Rural District Council Workers Union. More
