This is an application for rescission of a default judgment in terms of r 63 and r 449 (1) of the High Court Rules, 1971.
The first applicant is a duly registered company in terms of the relevant laws of Zimbabwe in the business of providing hunting safaris. The second applicant is a legal practitioner practicing under Ncube Attorneys, a law firm situate in Bulawayo. He is the first applicant’s legal practitioner of record. The first respondent is a district council and a corporate body. It governs the affairs of Tsholotsho District. The second respondent is a body corporate that... More
This matter makes very sad listening as it has dragged to and from unnecessarily with at one point in time the court being invited to preside over an application for leave to appeal to the Supreme Court. It is a matter where the court will refer to the parties as employee and employer for ease of reference and to avoid confusing the record since either party has at one time or other held inter chargeable applicant/appellant/respondent positions: More
The plaintiff is a legal entity duly incorporated in terms of the laws of Zimbabwe. It specialises in the supply of high-tech traffic safety devices, research and continuous professional development. The first defendant is cited in his official capacity as the authority under whose command the entire police service is reposed. The second defendant is cited in his official capacity as the Minister responsible for overseeing the police service in terms of the Constitution of Zimbabwe. The plaintiff instituted proceedings against the defendants seeking relief of specific performance or alternatively damages for breach of contract. The claim is pursuant to... More
This is an appeal against the respondent’s decision, dismissing appellant from employment on a charge of fraud.
The brief facts are that appellant was employed by the respondent as a loss control assistant. Her duties involved minimising the exposure of respondent to losses. On 26 September 2012 appellant applied for educational assistance for her child,Result, in the sum of $225. The sum was for third term of 2012. Appellant attached an invoice from the school for $225. A visit by the respondent at the school showed that third term fees were $75.00. The sum of $225 included fees for Baison... More
The court on 24th July, 2024 rendered an order dismissing the present matter with costs. TheAppellant having written asking for reasons the following are the reasons. Mymost sincere apologies to the litigants for the delay.
The matter was placed before me as an appeal against the determination and penalty of dismissal imposed by the Respondents’ DisciplinaryAuthority dated 28th of December, 2022. More
This judgment disposes of two applications. Case number HC 1129/23 is an application for the setting aside of an arbitral award handed down by the arbitrator on 18 November 2022 while HC 7965/22 is an application for the registration of the same award More
This is an application for absolution from the instance at the close of plaintiff”s case.
On the 4th of February 2012 the parties entered into a written agreement in terms of which the defendant allocated to the plaintiff undeveloped land in Hwange, sufficient to accommodate a township with 2 000 low cost residential stands. The plaintiff was to fully service the land by surveying, constructing roads, providing sewer reticulation and water connection in a manner approved by the defendant. It was a term of the agreement that defendant would sell the residential stands at such price and on such terms... More
The plaintiff was married to the late Pius Mikiya Washaya in terms of the then Marriage Act on 17 December 1966. Five children were born to them who are all majors. In or around 1976, the immovable property was purchased and registered in the name of the late Pius Mikiya Washaya who died at Harare on 14 January 2020. He had executed a will on 8 April 2019 in which he bequeathed the immovable property in equal and undivided shares to the plaintiff and two children, Beniya Mikiya Washaya (born on 17 October 2006) and Tinotenda Ndamuka Washaya (born on... More
Plaintiff is a private company that is involved in the transportation of commodities including fuel products. The defendant is an oil company which procures and imports fuels andis registered with the Zimbabwe Energy RegulatoryAuthority (hereinafter referred to as “ZERA”), as is required of fuel and petroleum procurers, by statute. The defendant’s activities are performed and regulated by ZERA and it has a bonded fuel facility at the National Oil Company of Zimbabwe (hereinafter NOIC) bonded facility in Msasa, Harare. More
The background facts are largely common cause. The appellant is a transporter of note while the respondent is a fuel monger. They have a long standing business relationship whereby the respondent has been supplying the appellant with bulk fuel over the years. On 1 November 2018, the parties entered into a sale agreement in terms of which the respondent sold and the appellant purchased 150 000 litres of diesel. More
The applicant appeared at Tredgold Magistrates Court, Bulawayo for an initial remand on 1st December 2021 facing a charge of murder as defined in section 47 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant was remanded in custody pending trial. This application is motivated by the applicant’s desire to secure his release on bail pending his trial. The application is opposed by the state. More
Applicant applied to this Court for condonation of late noting of appeal. Respondent opposed the application. At the onset of oral argument Respondent raised a point in limine. The point was that the relief sought was incompetent on the grounds that the Court is not empowered to grant such relief. More
This is an appeal against the decision of the Respondent Health Services Board which upheld the Appellant’s dismissal on charges of ferrying unauthorized passengers in the Respondent’s bus.
The brief facts of the case are that: Appellant who was employed as a driver by the Respondent was seen by his superiors on 4 June 2011 ferrying unauthorized passengers in a bus belonging to the Respondent and clearly marked so. More
