Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
The applicant seeks a review of the proceedings and determination of the second Respondent, a Labour Officer based at Chinhoyi Labour Office. The application is opposed by the first respondent. The second respondent filed no response to the application. More

An arbitral award was issued in favour of the respondent in the following terms. More

This is an urgent application for an Interim Interdict against thefirst, second and third respondents to stop them from constituting an arbitral panel and proceeding with arbitration proceedings. The applicant sought a provisional order in the following terms. More

I heard the application which the applicant filed through the urgent chamber book on 11 December, 2020. I delivered an ex tempore judgment in which I granted the applicant’s prayer in terms of the amended interim draft which had been moved for. More

This is an urgent chamber application for a provisional order whose interim relief sought was couched in these terms: “ 1. That the second respondent be and is hereby ordered to stay ejectment of applicant from the premises known as 93 Coventry Road, Harare pending the hearing of this urgent application for stay of execution. 2. In the event of the second respondent having ejected applicant from the premises known as 93 Coventry Road Harare, he is hereby directed temporarily to return possession of the premises to applicant pending the outcome of the application for stay of execution.” More

Appellant (employee) appealed to this Court against her dismissal from employment by Respondent (employer). The appeal was made in terms of section 54 of the Judicial Service Regulations S.I. 30/15. The employer opposed the appeal. More

The plaintiff and the first defendant were in an unregistered customary law union from 2006 to 2016 when it was dissolved. The second defendant is the Registrar of Deeds. Pursuant to the termination of the union, the plaintiff issued summons seeking the distribution of the movable and immovable property acquired during the subsistence of the union. However, the plaintiff despite being legally represented did not allude to any cause of action in terms of which this court was being called upon to distribute the property. In fact the way the declaration is drafted it is as if the parties were... More

Applicant is a juristic person. It cannot bring a claim in the Small Claims Court. It however can be dragged to that Court as a defendant or respondent in terms of section 6 of the Small Claims Act [Chapter 7:12]. The decision of the Small Claims court is final. It cannot be appealed against. It can however be brought on review by this court. The grounds upon which this court may review any proceedings are set out in Section 27 of the High Court Act, [Chapter 7.06]. These are: (a) absence of jurisdiction on the part of court, tribunal or... More

This is a court application for condonation and extension of time within which to note an appeal to be made in terms of s 75 of the Children’s Act, [Chapter 5:06] as read with r 95 (9) of the High Court Rules, 2021. On the 7th of April 2022, the Children’s Court granted an adoption order in favour of the first and second respondents for the minor child, NKC, born on 21 July 2010. The applicant is the paternal grandmother to the minor child. The first and second respondents are husband and wife and the first respondent is an aunt... More

This is a Court application for summary judgment in terms of Order 10 Rule 64 (1) of the High Court Rules 1971. The rule permits an application for summary judgment for what is claimed in the summons and costs. Such an application can be made at any time before a Pre-Trial Conference is held. More

This is an action for damages for breach of contract. This matter initially involved 3 defendants. The other two defendants, Rudzi Madhuru referred to as Ngwenya and Obediah Kazingizi ,(Kazingizi) are barred for failure to enter their pleas. More

This is an application for rescission of judgment granted in case number HC 2150/07 and subsequently corrected in HC 1148/08. The rescission is sought in terms of Rule 449 of the High Court Rules, 1971. Rule 449 (1) (a) provides that:- “The court or a judge may in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order- (a) that was erroneously sought or erroneously granted in the absence of any party affected thereby....” The applicant, as articulated in his founding affidavit,... More

The appeal is from the High Court where the applicant had made an application for the determination of whether or not the will executed by one late Amos Chirunda on 9 December 1997 was valid. The application was dismissed with costs, hence this present appeal. The question before this Court therefore is whether or not the court a quo erred in finding that the will in contention was invalid More

This is an application in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) alleging that the applicant’s fundamental right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair enshrined in s 68(1) of the Constitution has been infringed. The cause of the alleged infringement is the decision by the first respondent to withdraw an offer letter given to the applicant to occupy a piece of agricultural land without giving her an opportunity to be heard on the proposed withdrawal of the offer letter. More

This is a divorce action in which the only issue in dispute relates to the division of the matrimonial home described as Stand Number 167 Vainona Township of Vainona situate in the District of Salisbury and measuring 4599 square meters. It is otherwise known as 11 Granta Road Vainona, Harare. The house is registered jointly in the plaintiff and the defendant’s names. More