Applicant married the respondent on the 23rd of April 1997 in terms of the Marriages Act (Chapter 5:11). On 29th September 2016, the applicant filed for divorce as the marriage had irretrievably broken down and there were no reasonable prospects of restoration of a normal marital relationship between the two. A decree of divorce and ancillary relief under case No. 2460/16. The order was granted in default. In terms of the divorce order the applicant was awarded the matrimonial immovable property being house No. 4053 Mkoba 10, Gweru as his sole and exclusive property. Respondent was awarded household furniture. Aggrieved,... More
The applicant filed an application on urgency against the four respondents under the heading “Urgent Chamber Application for stay of execution pending determination of applicant’s compensation for improvements on the property forming the subject matter of the dispute between the parties and her Supreme Court application for condonation of late filing of appeal and extension of time within which to appeal.”
All the parties were legally represented save the Sheriff who was sued in his official capacity and ordinarily will abide by the decision of the court as a neutral party.
The application was heavily contested on the issue of... More
CHAREWA J: On 26 February 2025 we delivered an ex-tempore judgment dismissing the appeal against the sentence imposed by the Magistrates Court sitting at Masvingo (“the court a quo”) on 11 September 2024. We now provide the “full appeal judgment” at the behest of the appellant who made a formal request for the same.
The background facts More
This is an application for quantification of damages due to the applicant employees following the dismissal of the appeal by the employer at the Supreme Court. The background to the matter can be summarised as such. The employees lost their jobs with the employer on notice. They queried the termination of their services as they were of the view that the termination was not in sync with the provisions of section 12(4) of the labour Act as amended. They successfully challenged the termination both before the labour officer and before the labour court. The employer took the matter to the... More
At the hearing of this opposed matter a point in limine was raised, namely that the matter had, by order of this court under case number HC 1920/08, been dismissed for want of prosecution. More
The plaintiff is the first defendant’s wife. The second defendant is her husband’s young brother. The third defendant is a company with which the plaintiff and the first defendant used to do business. More
The plaintiff issued summons out of this court on 17 August 2011 seeking an order compelling the first defendant to effect change of ownership of Stand No. 9781 Kuwadzana Phase 3 Harare from his name to the plaintiff’s name and that of Dickson Kudzanga within seven days of the date of judgment, that should first defendant fail or refuse to effect change of ownership as requested the Sheriff of Zimbabwe be authorised to sign any papers or documents as provided for the second defendant to effect change of ownership of the said stand from the defendant’s name to that of... More
1. This is a bail application pending review. The applicant was charged with the crime of contravening section 3 (1) as read with section 3 (3) of the Gold Trade Act [Chapter 21:03]. He pleaded guilty. The trial court found no special circumstances and he was sentenced to the minimum mandatory sentence of five years imprisonment. Aggrieved by the sentence the applicant filed this application for review. More
The two applicants are young women aged 19 and 18 years respectively. They have approached this Court in terms of s 85(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”) which came into force on 22 May 2013. They complain about the infringement of the fundamental rights of girl children subjected to early marriages and seek a declaratory order in the terms that:
“1. The effect of s 78(1) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 is to set 18 years as the minimum age of marriage in Zimbabwe.... More
On 12 September 2006, the applicant obtained an order from this court compelling Africa International Removals to pay her the sum of $4 441 841, 67 together with interest thereon, to deliver to her vehicle and a mobile phone together with a line for use in that phone. A warrant of execution was taken out against the defendant and some vehicles belonging to the defendant were attached in execution. A few days after the attachment, the defendant paid the amount levied on the warrant in full. The motor vehicle and the mobile phone handset were not delivered, prompting the applicant... More
This is an application for quantification of damages in lieu of reinstatement. Applicant was employed by the Respondent. Allegations of misconduct were levelled against leading to his conviction and subsequent dismissal from employment. He approached this Court on appeal but the appeal was dismissed. Applicant appealed to the Supreme Court and the decision of this Court was set aside with the Supreme Court issuing the following Order: More
This is a chamber application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
Cases of repeat violent offenders are a scourge that will always put bail law in this jurisdiction under heightened scrutiny. Those who wear their disdain of violent crime on their shirt sleeves have even gone to the extent of arguing that when the Constitution of Zimbabwe elevated bail to a constitutional right it made the bail system weak and exposed the public to the depredations of gangsters and kindred offenders. Some human rights defenders and those with contrary views however argue that the presumption of innocence entails that no matter how grave or gory an offence may be viewed by... More
On 7 May 2013 the Supreme Court gave the following order in a matter between the parties;
“1. The appeal is allowed with costs.
2. The judgment of the Labour Court is hereby set aside and substituted as
follows-
i) The appeal is dismissed with costs.
ii) The appellant shall reinstate the respondent to his former position without loss of salary and benefits or pay damages to the respondent in lieu of reinstatement.
3. The reasons for this order will follow in due course.”
After the Supreme Court order, appellant reported for duty but was advised that he was not... More
This is an appeal against an award by an arbitrator. Before the appeal could be argued two points in limine were raised on behalf of the respondent, a third point in limine having been abandoned. More
