At the beginning of the hearing I dismissed the points in limine raised by both parties and stated that the reasons would be given in the main judgment. I will therefore proceed to deal with the points in limine in the order they were raised. More
This is an appeal against refusal of bail pending trial by a magistrate. The appeal is made in terms of sections 121 (b) and 121 (2) (b) of the Criminal Procedure and Evidence Act (Chapter 9:07) (the Act).
The facts
The Appellant, a self confessed cross border transporter who has been frequenting South Africa for the past ten (10) years was charged with contravening section 60A (3) (a) (b) of the Electricity Act (Chapter 13:19). The section states,
“Any person who without lawful cause, the proof whereof shall lie on him or her, receives or takes into possession of any... More
On 6 June 2019 the plaintiff initiated court proceedings by issuing summons against Mt Selinda High School and its responsible church authority, United Church of Christ in Zimbabwe as co-defendant claiming payment of US$29 384-00, interest at the prescribed rate and costs of suit on an attorney-client scale. More
The appellant is a non-profit, non governmental organisation which provides humanitarian relief and it also implements fixed duration rural development projects. More
On the 23rd September 2024 at Harare, Arbitrator B Mudiwa issued an award wherein he dismissed appellant’s claim of unlawful termination of employment by respondent. Appellant then appealed the award to this Court in terms of Section 98(10) of the Labour Act Chapter 28:01 hereafter called the Act. Respondent opposed the appeal. More
Both matters herein emanate from two separate election petitions lodged before the High Court, qua Electoral Court, in Case No. EC 21/18 and Case No. EC 37/18. They were consolidated and heard together and determined in a single composite judgment (No. ECH 2-19) by the court a quo. Both appeals were similarly consolidated and heard together in this Court. At the end of that hearing, following submissions by counsel on two preliminary issues, the Court made the following order:
1. Judgment in relation to both preliminary points:
(i) whether both appeals are properly before this Court in view of the... More
The applicant is a former employee of the respondent. The employment relationship between the two parties was severed in March 2018. The applicant claimed arrear salaries and certain entitlements from the respondent. The claim was unhonoured leading to the referral of the dispute to a Labour Officer who found in favour of the applicant. The applicant approached the Labour Court for the confirmation of the Labour Officer’s ruling. On 6 December 2019, the Labour Court made the following award:
“1. The application for confirmation of the draft ruling be and is hereby granted.
2. The draft ruling of SABILIKA MAXWELL... More
: This matter commenced as an application before being converted into an action through an order in HC-1979-19 by MUSHORE J dated the 18th day of November 2019. The plaintiff’s application and founding affidavit were to stand as the summons and declaration and the second and third defendants’ opposition standing as their plea. The plaintiff’s answering affidavit was to stand as the replication. The first defendant was to file its plea within a period of ten days from the date of the order and thereafter pleadings were to be deemed closed. The plaintiff seeks an order that the first to... More
The plaintiff is the defendant’s wife married to him in terms of the Marriages Act [Cap 5:11]. They were married at Harare on 18 June 2003. She sued him for a decree of divorce and ancillary relief on the basis that their marriage has irretrievably broken down. The defendant agrees that their marriage has irretrievable break down. More
This is an appeal against a judgment by the Mutare Magistrates Court delivered on 12 May 2010. The Appellant appeals only against the award made in relation to immovable property. More
This is an application for bail pending trial. The state is opposed to the application on the grounds that the applicant is a flight risk in that he fled to Tanzania and was extradited to Zimbabwe to face trial. Applicant faces fraud charges in contravention of the Criminal Law Codification Act (Chapter 9:23). It is alleged that on 19th October 2020 applicant obtained from the complainant a sum of US$335 000 by means of misrepresentation. Applicant misled the complainant into believing that he could secure mining equipment for the complainant. After receiving the money applicant vanished and subsequently left Zimbabwe.... More
The applicant issued this application on 1 March 2013 and had it served upon all the respondents on 1 March 2013. The dies inducae expired on 15 March 2013 but the respondents purported to file their notices of opposition on 18 March 2013, 3 days out of time. It is not the period of the infraction which informs my decision in this matter but what the respondents did after that or is it what they did not do. More
The Plaintiff and Defendant were married on 21 February 2008 in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17]. The marriage was blessed with two minor children born in 2007 and 2012 respectively. On 3 June 2022 Plaintiff issued out summons for a decree of divorce and ancillary relief. Plaintiff alleged that the marriage had broken down irretrievably and there are no prospects of restoring a normal marriage relationship. She also submitted that during the subsistence of the marriage, the parties acquired movable and immovable property. She proposed how the property should be shared.... More
In June 2020 judgement was entered in favour of the 1st respondent in the sum of US $ 70 000 and 134 977.92 pounds under case number HC 8500/19 (hereinafter referred to as the court order). The applicant has not appealed the decision. When the amounts were not paid and the 1st respondent desired to have the debt satisfied it sued out a writ of execution. The 2nd respondent attached and sold the applicant’s property to give effect to the writ in foreign currency. The applicant objected to the execution to recover the foreign currency equivalent to the 2nd respondent... More
: The applicant and the respondent are former employee and employer respectively. The relationship came into effect on 1 June 2009 when the parties signed a contract of employment. The employer-employee relationship went sour sometime in January 2011 and the parties agreed to part ways amicably More
