This matter commenced as a court application and ended up as a trial having been converted to a trial by order of the court which directed that the founding affidavit notice of opposition and replying affidavit stand as pleadings. No further pleadings were ordered be filed.
At the pre-trial conference a joint pre-trial conference minute on the basis of which the matter was referred to trial captured the issues for trial as follows:
(1) Whether both the late Margret Munetsi and the first defendant purchased Stand No. 18215 Measuring 1855 square meters from the third defendant.
(2) Whether or not... More
The following are the reasons informing the decision of the judgment I delivered ex tempore on 22 March, 2022. The reasons are being provided at the request of the respondents. The dispute primarily related to the right to occupy a certain piece of land referred to as plot 70 Chatsworth estate, Gutu which was allocated by means of a “certificate of occupation” issued by the Ministry of Lands and Rural resettlement to one Simon Chirume. The latter has since passed on leaving behind the 1st applicant as his surviving spouse. The three respondents are Simon Chirume’s children, all of whom... More
This is an application for dismissal of an application for want of prosecution in terms of Rule 236 (3) (b) of the High Court Rules 1971 (the rules).
The history is as follows. Respondent who is a sitting councilor in 3rd applicant’s Council filed an application for cession of his right, title and interest in respect of a stand he alleged to belong to him. The application was filed under cover of case number HC 2750/19 on the 19th of October 2017 and applicants filed their notice of opposition and opposing affidavits on the 3rd of November 2017. These documents... More
The facts of this matter are largely common cause. I set them out as follows.
On 27 March 2009, the applicant and the first respondent entered into a written agreement of sale in terms of which the applicant sold to the first respondent certain immovable property fully described as Stand 2902 Bluff Hill Township of Bluff Hill Township measuring 3738 square metres, for the sum of US$230 000-00. It was a specific term of the agreement of sale that the purchase price would be paid as to a deposit of $130 000-00 upon the signing of the agreement and the... More
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
Sometime in 2011 the applicant entered into an agreement of sale by which he purchased from the respondent Stand Number 992 Emthunzini Township for the price of US$20 880. After paying a deposit of $5 313-00 he was supposed to make monthly payments in the sum of US$145-00. He fell in arrears. On the 4th of July 2020, he received from the respondent a letter calling upon him to rectify the breach within 30 days as required by the Contractual Penalties Act [Chapter 8:04]. The letter was dated 25th June 2020 by which respondent demanded that applicant pay the sum... 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
