The plaintiff in this matter claims the repair and delivery of his Audi 200 motor vehicle or, in the alternative, payment in the sum of $900 million as damages in respect of the replacement value of the vehicle. The defendant disputes liability on the main and alternative claim and, in any event, invokes the owner’s risk disclaimer clause in the repair contract as absolving it of any liability to the plaintiff. More
This is an appeal against the decision of the Respondent’s Appeals Authority handed down on 4 July 2012 which decision confirmed an earlier decision by the Disciplinary Authority finding the Appellant guilty on the charge of unlawful job action and subsequently imposing a penalty of dismissal in respect of all the Appellants. More
On 23 May 2017, I delivered an ex tempore judgment granting the application for rescission of judgment after hearing the matter. Following a request for the written reasons, I hereby furnish them.
The application was for rescission of a default judgment which was handed down on the 12th of October 2016 in HC 10562/13. The default judgment ordered the respondents and all those claiming occupation through them to vacate from House number 7434 Unit K, Seke Chitungwiza. Apparently, the first applicant is a sister in law to the second respondent. More
This is an appeal against the whole judgment of the High Court of Zimbabwe (the court a quo) handed down at Mutare on 9 May 2022 declining jurisdiction to hear and determine an application for a declaratory order of spoliation sought by the appellant. More
This trial commenced on 17 May 2012. After legal procrastination of over six (6) years the matter has finally come to its conclusion. These slow motion trials should be discouraged. The parties must endeavour to bring the matters to expeditious conclusion. In its pre-trial conference minute plaintiff on the one hand stated that it anticipated the duration of the trial to be four (4) days. On the other hand the defendant indicated that the trial would take about two (2) days. Unfortunately the trial took far much longer than what the parties anticipated. More
The applicant (“Makeh Enterprises”) and the respondent (“Stuart Pumps”) entered into an agreement of lease sometime in 2021, which lease still subsists. The respondent accrued rental arrears in the sum of US$ 184 000. The respondent has been failing or neglecting to settle the debt. The parties have previously been involved in a long history of litigation pertaining the settlement of the debt. More
Appellant was employed on three months contracts from 1st October 2003. The last of such contract expired on 31st December 2009 and was not renewed. The Appellant challenged the non-renewal as unlawful dismissal. The matter was subsequently referred to arbitration and the Arbitrator ruled in favour of the Appellant. The Arbitrator ordered that;
“Since the last contract had run its course, it is the tribunal’s view that the claimant is entitled to reinstatement or to payment for an equivalent period to his last contract, on the same terms and conditions as that last contract which was subsequently not renewed. That... More
On 18 December 2015, the applicant filed an application for rescission of judgment in this Court. The application was opposed by the respondent.On the date of the hearing and before the application could be heard on merits, the respondent raised preliminary points and urged the court to make a specific finding that the applicant’s case was not properly before the court, and therefore sought its dismissal on that point.
The point in limine raised by the respondent’s counsel concerned the interpretation of order 9 Rule 63(1) of the High Court Rules, 1971 which is framed as follows:
“63 court may... More
TAKUVA J: This is an application for condonation for late noting of appeal.
After hearing argument I dismissed the application. Subsequently a request for reasons was filed by the applicant’s legal practitioners.
These are they.
The applicant was arraigned with three others before a Regional Magistrate sitting at Tredgold on allegations of contravening section 126 of the Criminal Law Codification and Reform Act Chapter 9:23. The state’s allegations were that on 13 March 2018 the appellant and his accomplices went to house No. 115 Mahatshula South Bulawayo where they pretended to be police officers on duty. They later produced a... More
This is an opposed application for a declarator aimed at determining the Applicant’s entitlement to a proper grade classification relating to his work position as an internal auditor. More
The appellant was charged and convicted of Rape as defined in s 65 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. The appellant was convicted of 2 counts of rape and sentenced in respect of both counts to 18 years imprisonment of which 3 years imprisonment was suspended on usual conditions of good behaviour. Aggrieved by both conviction and sentence imposed by the court a quo, the appellant approached this court on appeal. I must mention that the appellant’s counsel properly conceded that if the conviction was proper then the sentence imposed was appropriate as it was in... More
This is an appeal against the decision of the designated agent for NEC Rural District Councils where he ordered that applicant pays Union dues for its employees including for some employees who claim to have withdrawn their membership from the Zimbabwe Rural District Council Workers Union. More
Applicant made a chamber application to this court on 9 January 2013 seeking this court to condone her late filing of an appeal against the decision of the Respondent Council. The Respondent dismissed her on allegations of theft and absence from work without leave.
After going through the papers pertaining to this application in particular, the founding affidavit and the respondent’s notice of response, the court observed that the Applicant had baldly averred that she had prospects of success on appeal on the matter .The court instructed the Applicant to purge the defect before the matter could be set down... More
The plaintiff and the defendant married each other on 6 December 2003 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with two children now aged about six years and two years respectively.
The plaintiff issued summons out of this court on 7 May 2009 seeking a decree of divorce; an order awarding him three motor vehicles, a Mazda 323, a Toyota Corolla and a Toyota Dyna and also awarding him immovable property number 22625 Unit G Seke, Chitungwiza and costs of suit.
The defendant filed her plea and also counterclaimed seeking a decree of divorce, custody... More
