This is an urgent chamber application for an order directing the respondents or any person acting on their behalf to return the property seized at the applicant’s premises on 14 November 2017. The applicant also seeks an order interdicting the respondents or any persons acting on their behalf from demanding from the applicant’s employees the passwords of the computers seized by the police and threatening to arrest the employees. More
This is an appeal against an arbitral award.
The arbitrator had to determine the following,
a) Whether or not there was an employment relationship between the parties;
b) Whether or not there was non-payment of salaries, and if so, the quantum thereof;
c) Whether or not the complainant was unfairly dismissed; and
d) The appropriate remedy More
The plaintiffs approached this court seeking an order declaring the will of the late Chitsamatanga, dated 26 May 2000, null and void, that the testator died intestate and an order for costs.
The basis for the order being sought is that at the time the testator executed the will, he was not in a mental state to execute a valid will as he was aged 86 and was senile.
Alternatively the testator could not appreciate the nature of his actions as he had high visual impairment. This necessitated that the will be read to him and he could have been... More
This is an appeal against the whole judgment of the High Court (“court a quo”) dated 29 June 2024 in which, it dismissed the appellant’s application for a declaratory order.
[2] Magic Software, (the appellant) had sought declaratory relief in the following terms; -
“1. The Application for a declaratory order be and is hereby granted.
2. Applicant`s funds in the sum of USD 1,996 723, 02 which were deposited with the respondent constitute a foreign loan and foreign obligation.
3. The conversion of Applicant`s funds from United States Dollars to RTGS
Dollars is hereby declared unlawful and ultra vires... More
On the 7th May, 2014, an arbitral award was issued ordering Appellant to pay Respondent
(a) Cash in lieu of notice = $891,00
(b) Cash in lieu of days leave = $891,00
(c) Housing allowance February 2009 to July 2012 = $625,00
Total $2 407,00 More
[1] The germ seed of the dispute before me is foreign currency, an indispensable enabler of local and in particular, international trade and commerce.
[2] This resource is also regulated, and quite stringently too, by a compendium of instruments. These range from primary and subsidiary legislation, a raft of directives, measures and circulars, to periodic policy statements by treasury and the central bank. This background forms part of the wider discretionary considerations relevant to the resolution of the present dispute. More
This is an application for an interdict wherein the applicants seek in the main an order barring the 1st respondent from continuing with their mineral prospecting activities on a certain piece of land situate in the Chivi communal lands. The four applicants are all parents or guardians of leaners at two schools (Danhamombe Secondary school and St Simon Zhara primary school) on whose premises part of the prospecting is taking place. I briefly pause here to observe that the parties used the term "exploration" to refer to the 1st respondent’s prospecting activities. More
This is an application for bail pending trial. The application is opposed. The applicant is facing allegations of contravening section 189 as read with section 47 of the Criminal Law Codification and Reform Act (Chapter 9:23) that is attempted murder. Applicant faces a second count of malicious damage to property in contravention of section 140 of the Code. He faces a third count of unlawful entry into premises in violation of section 131 (2) of the Code and a fourth count of assault as defined in section 89 of the Code. Applicant denies the allegations and avers that he was... More
This is an application contemplated by s 350 of the Companies Act [Cap 24:03] for security of costs in the sum of US$20 000-00 filed on 7 September 2011. The applicant also seeks a stay of the main matter until such costs have been paid and costs of the present application. It arises from a letter written by the respondent’s legal practitioners on 9 May 2011 confirming that the respondent was a dormant company with no assets save for the property in dispute. More
This is an appeal against the decision of the arbitrator where he found that the respondent employee had been unfairly dismissed by the appellant employer following allegations that respondent had absconded from duty after his suspension from work. More
Applicant seeks the setting aside of a judgment entered in her absence. She also pursues, as consequential relief, joinder to the same proceedings in HC 1202/21. The application is brought under rule 29 of the High Court Rules SI 202/21 (rule 449 of the old High Court Rules 1971). Applicant`s claim herein is based on what she describes as her direct and substantial interest, as a lessee, in a farm from where she now faces eviction. More
This is an application for condonation of late filing of an application for setting aside an Arbitral Award in terms of Article 34 of the Arbitration Act Chapter 7:15. Both parties travelled an arduous journey to reach where they are today. Numerous judgments by this Court and the Labour Court were penned by different Judges. After a protracted dispute concerning the appointment of an impartial arbitrator to quantify the damages earlier on awarded by Mr M. L. Sibanda, the Registrar of this court was ordered to appoint an Arbitrator from his roll – See HC 1271/19. More
These were three opposed applications heard as one case. The globular relief sought was just about the same. Some facts differed here and there. Counsel agreed this was not in any material respects. They therefore agreed it would be practical for the cases to be combined. More
These two cases were urgent chamber applications for an interdict pendente lite. Both were prepared and launched at about the same time. Counsel agreed I should consider them together even though in Case 2, Sylvia Choruwa v The Commissioner – General, ZIMRA, there was no formal hearing as such. More
