The facts of the matter brings into focus the challenges this court will always have in unopposed divorce matters where one of the parties to the proceedings decides to act fraudulently and abuses the procedure adopted in such matters. What leaves a bitter a taste in the mouth as it were, is that the presiding judge acting attentively and with due diligence may not detect such fraud. It is precisely for this reason that I have decided to write this judgment in an unopposed matter so as to highlight this problem and possibly alert a number of legal practitioners who... More
The appeal is against the determination by the Respondent’s Works Council handed down on 24 March, 2011 which upheld earlier findings by Respondent hearing committee.
The background facts to the matter are as follows;
The Appellant was employed by the Respondent on the 1st of July, 2004 as the Administration Clerk. In 2005 she was transferred to CCD to work as a Cashier. From 2007 to 2009 she was again transferred to work as CIT Cashier. In 2009 she was re assigned to do stock controller duties. She was on 28 December, 2010 notified to attend a disciplinary hearing in... More
The plaintiff issued summons in terms of which he is claiming against the defendant payment of a sum of US$23 925-00 together with interest thereon at the prescribed rate, and costs of suit. More
There is a growing tendency by litigants to circumvent the law in bail applications through conduct calculated to usurp the power of this court to protect and regulate bail proceedings with the result that anarchy prevails to the detriment of the good administration of justice. Such conduct if allowed to continue has the potential of derailing the bail system and destroy its credibility. This court’s power to regulate and protect the credibility of its processes is inherent at common law and codified in s 176 of the Constitution of Zimbabwe (Amendment No 20) Act 2013. More
The applicant seeks the following relief:-
TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be confirmed in the following terms:
1. The provisional order granted on the ......................day of ......................... be and is hereby confirmed.
2. That the 1st and 2nd respondent be and hereby declared illegal miners within the coordinates, A 0792091/7731340 – B 0792090/7731138 – C 0791944/7731090 – D 0791730/7731340 cited in the attached Annexure ‘A’.
3. The 1st and 2nd respondents be and hereby evicted from a mine situated within the coordinates A 0792091/7731340 –... More
This is an appeal against the refusal of the Magistrates court, sitting in Kwekwe, to admit the appellant to bail pending the conclusion of his trial which is already on course. Appellant is charged with the crime of contravening section 3(1)(2)(3) of the Gold Trade Act [Chapter 21:04] “unlawful dealing in gold.” It is being alleged that on the 27 January 2020, and at Mbizo 2 shops, Kwekwe, appellant not being a holder of a permit or licence authorising him to deal in gold, unlawfully bought or received 65 grams of gold. In the alternative, he is charged with the... More
The appellant was convicted on a charge of rape in terms of s65(1)(a) after a contested trial. He was sentenced to fifteen years imprisonment, three suspended with attached conditions and twelve years effective imprisonment. He is appealing against both conviction and sentence. The grounds of appeal on conviction are basically that the court misdirected itself by making a finding that the complainant’s evidence was credible and discrediting that of the appellant as the onus of proof beyond a reasonable doubt rests on the State. More
WAMAMBO J: This is an Urgent Chamber Application wherein the applicant and 1st respondents are embroiled in a tussle over a mine. It is one of the many matters that cross a Judge’s desk in this area wherein mining operations have been opened up to syndicates, conglomerates and individuals. More
This is an appeal against the decision of the Negotiating Committee. The brief facts of the matter show that the appellant was employed as a Parking Marshall by the respondent. Following allegations of misconduct, appellant was suspended pending the convening of a disciplinary hearing. Appellant was however reinstated after a period of time. After reinstatement, appellant was informed that the misconduct charges were to be resuscitated. He was duly informed of the hearing date. On the hearing date, a letter was written by the Harare Municipal Workers’ Union seeking a postponement of cases scheduled to be heard on that date.... More
This is an urgent chamber application. According to the certificate of urgency, the applicant is the registered owner of gold mining claims known as Stella A and Stella B, which are adjacent to 1st and 2nd respondents’ gold claim known as Stella C. It is alleged that if 1st and 2nd respondents’ are allowed to carry out mining operations at the disputed mining locations the mineral resource will inevitably be depleted causing irredeemable prejudice to the applicant. It is contended that none of the parties will suffer any irreparable prejudice if the relief prayed for is granted. More
This is an opposed application in which the applicant seeks the following order:
“1. The 1st respondent be and is hereby ordered to enforce and execute the judgment given under HC 573/04 within two days from the date of the order.
2. The 1st respondent be and is hereby ordered to execute on the writ and recover the amount outstanding regard being had to the prevailing bank rate at the time of execution.
3. The 2nd and 3rd respondents be and are hereby ordered to pay costs on attorney and client scale if they oppose the application.”
Background facts
The... More
The applicant represented by Messrs Tendai Biti Law, legal practitioners filed on 17 June 2020, an application for condonation of late noting of appeal. The applicant intends to appeal against the judgment of the Regional Magistrate per Kumbawa Esq delivered on February 2010 at Harare. The applicant attached the copy of the judgment aforesaid as an annexure to the application. He also attached a copy of the transcript of the record of proceedings in case No CRB 734-6/09. I must note that it was through my directive given on 24 August 2022 to the Registrar to intervene in having the... More
I heard this matter in the company of MANYANGADZE and BHACHI-MUZAVAZI who were on induction.
Applicant seeks an order couched in the following terms:
“1. The application be and is hereby granted.
2. Applicant shall pay the purchase price of ZW$155 000 within seven days of this
order.
3. First respondent shall sign relevant transfer documents in favour of applicant within
14 (sic) of this order.
4. First respondent shall pay costs of suit.” More
The three appellants were employed by the respondent in various capacities until 13 November 2014 when they were dismissed following a disciplinary hearing. More
This matter commenced by way of application. In the application the plaintiff sought an order directing the two defendants (“the defendants”) to hand over the registration book of a Datsun Bluebird motor vehicle Registration number 400-802D and to sign all necessary papers to enable the transfer of the ownership of the vehicle to the plaintiff. That relief was opposed by the defendants. The defendants also filed a counter application in which they sought an order directing the plaintiff to surrender forthwith the Datsun bluebird motor vehicle to them and that failing for the Deputy Sheriff to be authorised to seize... More
