The plaintiff herein claims the sum of US$150,000 as damages for malicious misconduct allegations brought against him by the defendant in April 2008. The defendant denies any malice or illegality on its part. More
1. This is an urgent application wherein initially the applicant sought a provisional order. At the hearing the court mero motu raised the issue whether this court has the jurisdiction and the competence to pronounce on the validity or lack thereof of a Supreme Court order. On reflection, Mr Dube counsel for the applicant conceded that this application has no merit and withdrew it tendering payment of costs on a party and party scale. Counsel conceded that this court has neither competence nor jurisdiction to pronounce on the validity or otherwise of an order of the Supreme Court. First respondent... More
The applicant seeks the following order -
“1…………..
2. The 1st Respondent is hereby declared and consequently confirmed as a substantive
Divisional Intelligence Officer in the employ of the 2nd Respondent with effect from
1st July 2013.
3. Consequently, Respondents jointly and severally are ordered to reflect the records
of the Applicant as such as per paragraph 1 of this order, including updating and
paying entitlements applicable to the position of Divisional Intelligence Officer
effective 1st of July 2013.
4. The Respondents pay costs of suit on a legal practitioner and client scale jointly and
severally the one paying the... More
The appellant was convicted by the Regional Court sitting at Harare on a charge of criminal abuse of duty as a public officer as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
He was sentenced to 3 years imprisonment of which 1 year imprisonment was wholly suspended for 4 years on condition he does not within that period commit an offence involving corruption or abuse of office for which upon conviction he is sentenced to imprisonment without the option of a fine.
The facts found proved were that on dates unknown to the prosecutor... More
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
