The plaintiff issued summons for compensation in the sum of US$25 000 for improvements on Stand number 3701, Cold Stream, Chinhoyi ‘the property’ after the death of Felix Chasi alternatively that, in the event the defendant fails to pay then the plaintiff buys off the defendant from the property and costs of suit. The claim is based on unjust enrichment. More
Most of the fact in this case appear common cause. They are as follows.
The appellant was employed as a clerk by the respondent council. She was responsible for receipting and banking funds on behalf of the respondent. In March 2000 a home seeker paid twenty thousand dollars towards the purchase of a house from council. The appellant received the money but she did not issue out a receipt. She did not bank the money but kept it in a council safe. The buyer one Charumbira, continuously asked for a receipt but she did not get one. However she was... More
This is an appeal against the decision of the Magistrate Court sitting at Chiredzi dismissing appellant’s application for rescission of a default judgment which was granted in 2009. More
The applicant in this matter was appointed in 2008 as a commissioner of the 2nd respondent, the Securities Commission of Zimbabwe (the Commission), by the 1st respondent, the Minister of Finance (the Minister). She seeks an order setting aside the decision of the Minister taken in May 2011 terminating her tenure as commissioner. Both respondents resist the application on the ground that the applicant’s removal from office was lawful under the governing enactment. More
Disputes arising from affairs of deceased estates are common and this is one of them. Wilfanos Gabriel Mashingaidze died intestate on 25 November 2013. He left behind, among other properties, a farm known as Glasalla (the farm) in Darwin district measuring 1105,9293 hectares. It is this farm which is now the centre of dispute with the plaintiff, Martha Wazili, (Martha) claiming half share of it. On the other hand the 4th defendant, Chengeto Mashingaidze (Chengeto) contests the claim and has asked the court to dismiss the plaintiff’s claim with costs. Chengeto has also in an earlier court application in case... More
This is a chamber application in terms of r 20 of the Constitutional Court Rules, 2016 (“the Rules”) for an order for reinstatement of a matter deemed to have been abandoned and dismissed by the Registrar of the Constitutional Court (“the Registrar”). The matter had come to the Constitutional Court (“the Court”) by way of a referral in terms of s 175(4) of the Constitution. More
This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on 14 June 2018 in HC 2606/17as HB 147/18 dismissing the appellant’s application for condonation and extension of time within which to apply for a review of a labour court judgment More
The applicant is a tenacious serial litigant in the Bulawayo Labour Court, High Court and in the Supreme Court. He is a disgruntled former employee of the first respondent, who has been fighting tooth and nail without success to have his labour case, which was struck off the roll by the second respondent in the Labour Court on 22 March 2015, reviewed by the High Court. More
After about 35 years of marriage the plaintiff issued summons for divorce and ancillary issues in July 2014. The parties contracted a civil marriage on 28 August 1979. The defendant entered appearance to defend and subsequent pleadings thereto More
The plaintiff in this matter instituted proceedings against the defendants and prayed for the following;
“a) Payment of Special damages in the sum of US$10 000, (Ten Thousand United States Dollars) being legal costs incurred by the plaintiff in defending themselves as a result of a malicious and false accusation by the defendant that caused the arrest and subsequent trial of the plaintiffs.
b) Payment of the sum of US$90 000.00 (Ninety Thousand United States Dollars) being general damages for humiliation, loss of reputation and good name, and subsequent economic loss as a result of the defendant’s malicious and wrongful... More
On 26 October 2018 Applicant,qua Designated Agent, made a ruling. He ordered 1st Respondent (employer) to pay 2nd to 10th Respondents (employees) various amounts of money in respect of salary arrears & allowances. Apparently the employer did not comply with the ruling. Applicant then applied to this Court in terms of Section 93 (5a) of the Labour Act Chapter 28:01 for the confirmation of his ruling. The employer opposed the application. The employees supported the application. At the onset of oral argument in this Court the employer raised 3 points inlimine. More
The applicant seeks the review of the decision of the second and third respondents’ to nominate, recommend and approve the appointment of the first respondent as Chief Masuka. More
This application was placed before me on 2 February 2022. I set it down for hearing on 7 February 2022. Due to circumstances which I shall explain later in this judgment, I postponed the matter to 8 February 2022. After hearing submissions from counsel on a preliminary point raised by the first respondent’s counsel, I struck the matter off the roll of urgent matters and ordered Mr V Moyo and Mr Chivaura both of Chivaura and Associates to pay the first respondent’s costs of suit on the attorney-client scale de bonis propriis the one paying the other to be absolved.... More
On the 16th September 2022, respondent’s disciplinary authority dismissed appellant from employment for misconduct. Appellant then appealed to this Court in terms of section 92 D of the Labour Act Chapter 28:01. Respondent opposed the appeal. The grounds of appeal were four-field. They basically challenge the ruling on a preliminary point, sufficiency of the evidence led and the appropriateness of the penalty. More
