The matter was heard before myself on the 6th of May, 2013. The court after an attempted mediation directed the parties to, if possible, settle the matter out of court. In the event that settlement failed the parties were to approach the Registrar for the court to hand down judgment. Both parties through communication to the Court (the Appellant through a letter dated 18th June, 2013 and the Respondent through a letter dated 2 October, 2013) advised of their failure to settle. The parties having failed to settle the matter amicably I now address the merits of the appeal placed... More
On 29 June 2021, I gave judgment ex tempore. I have been requested to give reasons and these are they.
The matter was placed before me as a chamber application for condonation and upliftment of bar in terms of Order 32 r 241 as read with Order 12 r 84(1)(a) of the Rules of the High Court, 1971. More
The appellant appeals against an order handed down by the High Court (the court a quo) on 29 June 2021. The court a quo dismissed his application for condonation and upliftment of the bar. The bar arose from the appellant’s failure to serve his appearance to defend on the respondents within 24 hours, in breach of r 49 of the then subsisting High Court rules, 1971. These rules were repealed and replaced by the new rules, High Court rules, 2021 on 23 July 2021. More
Following a disciplinary hearing, this Tribunal on 15th April 2021 ordered that the applicant’s name be deleted from the register of legal practitioners, notaries public and conveyancers. The applicant now seeks the suspension of that order pending the determination of the appeal he noted with the Supreme Court. Such relief is provided for in s 29(3) of the Legal Practitioners Act [Chapter 27:07]. More
The plaintiff herein claims the eviction of the defendants from the stand in dispute, together with holding over damages, and costs of suit on a higher scale. The primary issue for determination is whether or not the transfer of the property to the plaintiff was properly effected. The plaintiff’s entitlement to an eviction order and holding over damages hinges upon the answer to that question. More
This is an appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 9 September 2020 where the Magistrate dismissed an application filed by the Appellant for Rescission of a default judgment.
The appeal is opposed.
FACTS
On 27 January 2020 the Respondent instituted summons against Appellant claiming $200 000-00 adultery damages. On 16 June 2020 Respondent applied for default judgment which was granted by the Provincial Magistrate. Appellant had been served through his wife on 18 February 2020. On 7 July 2020 a warrant of execution was issued in favour of the Respondent. More
In Chinua Achebe’s fabled novel Things Fall Apart, the character called Unoka was said to be a lazy and improvident man, with no capacity to think about tomorrow. He was saddled with huge debts but for some strange reason, he kept borrowing more. His weakness typifies the reality that paying debts has been a disease afflicting Africans for centuries now. The tragedy of it is that those who so borrow and fail to pay back do not even realise the consequences which their actions may have on their off spring! MATHONSI J (now JA), spoke about it in 2013 in... More
The applicant and the respondent were married in terms of an unregistered customary union from December 2013 until June 2022. The union was blessed with two minor children. The union was customarily terminated sometime in June 2022 because of what the applicant called an irretrievable breakdown in the parties’ relationship.
It was the applicant’s case that following the termination of their customary union, the parties could no longer live peacefully together in the same house, being stand No. 29 Chikurubi Township of Manresa registered under Deed of Transfer Number 2146/2014, also known as House Number 29 Cedar Road Manresa Park,... More
This is an application for a compelling order. Its genesis is that:
The first Respondent is a body corporate involved in the business of land development and related transactions. Sometime in 2013 the Applicant purchased a piece of land from the second Respondent and reduced that purchase into writing on 24 July 2013. The piece of land in question is situate in an area which was/is being developed by the first Responded. It is common cause that pursuant to the sale agreement between the Applicant and the second Respondent the applicant approached the first Respondent for the purposes of the... More
On 1 September 2010 the respondent was employed as the resident director of the appellant in terms of an executive employment agreement. In terms of the contract the respondent, as representative of the Board of Directors, was responsible for the supervision and direction of policy on a daily basis. In addition, he was mandated to represent the company in relation to the appellant’s stakeholders. Some of his specified duties, in terms of the employment agreement, were to disseminate Board decisions to management, overseeing the implementation of Board decisions and providing oversight over operational and administrative issues that impinged on policy... More
The respondent was employed by the appellant as a Debtors Clerk. Her duties included amongst others, the collection of payments from debtors. During the year 2012 appellant suspended respondent on allegations of misconduct. She was subsequently arraigned before a disciplinary authority on 16th January 2013 facing allegations of breach of Sections 4(a) and 4(f) of the National Code i.e. Statutory Instrument 15of 2006. She was subsequently dismissed from employment following her conviction on the charges. Respondent noted an appeal against the determination. The Appeals Authority handed down a decision dismissingthe respondent’s appeal. More
This is an appeal from a decision made by an arbitrator.
The following are the grounds of appeal.
‘1. The Arbitrator erred at law in finding that the respondent was unlawfully dismissed because he had become an employee on a contract without limit of time in circumstances where the respondent waived his right to become a permanent employee by signing fixed term monthly contracts. More
The background of this matter is that on 1 September 2010 the Appellant signed a contract of employment with the respondent. He was employed as the Resident director. He was to direct and supervise company policy on a day to day basis. The respondent’s contract was of unlimited. duration. The respondent was entitled to various benefits some of which were not availed to him until he left service in July 2012. Respondent claims that appellant owed him $277 000,00 being outstanding arrears and benefits. The respondent then referred the labour dispute for conciliation. More
This is an application for leave to appeal to the Supreme Court against the judgment of this court that was granted by this court under case number LC/H/12/16. This court dismissed the appeal against the award by Honourable Arbitrator Shawatu that was handed down on 13 June 2015. More
The applicant and the first respondent are landlord and tenant respectively. Their relationship commenced when they concluded a written agreement in respect of certain commercial premises situate at Throgmorton House, Samora Machel Avenue, in Harare. The agreement was for a period of one year, commencing on 1 July 2006 and terminating on 30 June 2007. The second and third defendants as directors of the first respondent bound themselves as co –principal debtors under the lease agreement. More
