In this application the applicant sought an order declaring as valid an agreement of sale of an immovable property, namely Stand No. 4645- 139th Street, Warren Park D, Harare, he entered into as executor with Richard Kaitano. He also sought that 3rd respondent be ordered to register the said property into the name of the said Richard Kaitano upon all other conditions being fulfilled. More
This is an appeal against an order by the court a quo in which the following order was granted:
“IT IS ORDERED THAT:
1. The applicant be and is hereby granted the right of access to one minor child LEIA MARIA ATHITAKIS born on 21st November 2018 on weekends, that is Saturdays and Sundays from 0900 hours.
2. The right of access shall be supervised by the respondent the mother of the child who shall take the minor child to and from the applicant’s place. The respondent is directed not to interfere with the applicant’s exercise of the right of... More
Cities, towns and such town - like settlements are established in terms of, and owe their existence to, legislation. Legislation which gives birth to them is, by and large, supported by other legislation. The supporting legislation enables them to operate as well as discharge their functions efficiently and effectively. More
Respondent stated that appellant’s attorney Mr Gwanyanya does not have right of audience in this Court as he did not file an Assumption of Agency. In response Gwanyanya stated that he uploaded an Assumption of Agency on 23 January 2024. A hard copy was produced. The point arose presumably because the appeal was filed by the employers association on behalf of appellant. However now that the Assumption has been filed albeit belatedly the point falls away. In any event respondent did not allege or prove any prejudice it suffered thereby. More
This is an appealagainst the decision of the Magistrates Court sitting at Masvingo wherein it rejected an application for an interdict brought by the Appellantbarring the 2nd respondent,(who is the messenger of Court for Masvingo)from selling his 14 head of cattle which had been attachedpurportedly in execution of a judgement granted by that court. More
A brief background of the matter which has brought about this appeal, is that Respondent was Appellant’s employee as an Accounting Assistant Projects as from October, 2009. Prior to that he had been moved from Appellant’s employ to Zinwa and back after having joined Appellant in 1996.
On the 26th February, 2010 Respondent appeared before a Disciplinary Committee to answer nine charges of acts of misconduct. The Disciplinary Committee found him guilty of the said charges and he was dismissed from Appellant’s employ. More
This is an application for condonation of late filing of an application for leave to appeal against a decision of this court as well as an application for extension of time within which to file the application for leave to appeal. More
This is an application for the confirmation of a ruling in the matter between Johnson Mapira and Moreyear Investments Company. The background to the matter is that Mapira lost his job with Moreyear on notice. Aggrieved by the job loss he approached a labour officer who ruled that the termination on notice was not regular as it was not in sync with the law set out in Sec 12(4)(a) to (d) of the Labour Amendment Act. More
4. The pertinent and condensed facts for the purposes of this judgment are that the appellant, facing certain charges, was admitted to bail on certain conditions including the condition that she surrenders her diplomatic passport to the clerk of court at Harare Magistrates Court. Thereafter, in different proceedings and on different charges that were subsequently laid against her, she was admitted to bail after successfully appealing to the High Court against refusal of bail. The subsequent bail order was later altered by the addition of a provision requiring her to surrender her ordinary passport to the clerk of court at... More
This is an appeal against the judgment of the Magistrates court which found the appellant guilty of contravening s 35 of the Marriages Act [Chapter 5:11]. The sentence imposed was a fine of ZWL$60 000.00 in default of payment 6 months imprisonment. In addition, 12 months’ imprisonment was imposed and wholly suspended on condition of good behaviour. In respect of the appeal against the sentence, the appellant is dissatisfied with the 12 months imprisonment wholly suspended by the court a quo. More
The facts of this matter are generally common cause. Marsden Farm situated in the District of Chegutu was previously owned by Michael Hughes Mino and Shelly Diane Mino, through a company known as Marsden Farm Private Limited, which held title to the farm. More
Plaintiff filed summons against Defendants jointly and severally for an order for the payment of ZWD equivalent of US$4 917being the outstanding balance on damages arising from an accident negligently caused by the first defendant whilst in the course and scope of his employment with the second Defendant along Samora Machel Avenue, Harare, on 6th of June 2020 and costs of suit on a higher scale. More
This is an appeal against the decision of the High Court, wherein the High Court dismissed the appellant’s application for an order in terms of s 4 of the Administrative Justice Act [Chapter 10:28]. Before finalization of the matter the court drew the parties’ attention to a potentially significant point of law not addressed on the papers or in submissions, viz., the implications to the appeal of s 7(2)(c)(i) of the Securities Act [Chapter 24:25] and to file any supplementary submissions they may wish to make on the point by 14 March 2016. Mr Mpofu, for the appellant filed supplementary... More
On the 7th September 2023 respondent’s Disciplinary Authority (DA) found appellant
guilty of misconduct. As penalty she was transferred from Zvishavane District Hospital to
Mberengwa District Hospital. Appellant then appealed her conviction and penalty to
respondent (Commission) who dismissed the appeal on 17th October 2023. Appellant then
appealed to this Court in terms of Section 52 of the Health Service Regulations. S.I. 117 of
2006. Respondent opposed the appeal. More
