This is an urgent chamber application in which the applicant seeks interim relief to the effect that the seizure and attachment of its bank account number 9140000213879 held with the third respondent bank at its Parklane Branch be suspended and that the seizure and attachment of the applicant’s shares effected on 29 August 2018 be suspended. The applicant seeks a further interdict restraining the first and second respondents from “attempting any further seizure and attachments in execution of the applicant’s funds or bank accounts and applicant’s shares”. The final order sought is for the setting aside of the seizure and... More
This is an appeal against a determination of the disciplinary committee of the Civil Service Commission which found the appellant guilty of two of the three counts she was charged of and discharged her from service.
The appellant was employed by the respondent in 1983 and at the time of her suspension in respect to these proceedings, she was the Director, Implementation and Monitoring in the Ministry of Finance and Economic Development. More
The applicant filed a Chamber Application seeking leave to appeal against a judgment of the Labour Court dated 18 July, 2023. The respondent filed opposing papers. The matter was set down for a virtual hearing on 12 February 2024 but had to be rescheduled to 15 February 2024 due to technical challenges that were experienced. More
This is an appeal against the decision of the Designated Agent Mining Industry who ruled that the appellant had not made out a good case of unlawful termination when he approached the Designated Agent with a labour dispute pitting him and the respondent employer. More
The matter was placed before me as an appeal against an arbitral award handed down on 21st December, 2010 which award confirmed the appellant’s dismissal from employment as being substantively fair. After listening to arguments by both parties and upon perusal of the record the court on 22 November 2013 handed down an order to the following effect;
1. The appeal be and is hereby dismissed with no order as to costs.
2. The arbitral award handed down on 21 October, 2010 be and is hereby confirmed. More
Appellant worked for Respondents as an Acting District Registrar at Buhera. He was charged with misconduct. A hearing was held. He was found guilty and gotdismissed from employment. The dismissal letter dated 15th February 2016 is filed of record. Appellant then appealed to this Court against his dismissal. Respondents opposed the appeal. More
This is an urgent chamber application that was filed in this Court on 19 September 2016 and heard on 16 October 2016.
After hearing argument on the preliminary issues on 16 October 2016, I formulated the conclusion that the matter could not be heard on merits as the urgency had not been sufficiently established. I believed I had made the appropriate order on the day of the brief hearing in chambers. More
: The tragic state of affairs in this case is that the father (who later passed on) and son have been engaged in a seemingly unending and bruising legal battle for over a period of seventeen years. Even after the death of the father the swords are still drawn out and the battle far from over. This is more so when one considers that the application before me is simply for a rescission of a default judgment. More
The plaintiff and the defendant were customarily married to each other in 1980. They on 24 October 1989 solemnized their marriage in terms of the Marriage Act then ([Cap 37]now [Cap 5.11]). They were blessed with three children. Two of them are now adults. The youngest Nattle born on 24 February 1997, is the only minor child of the plaintiff and defendant’s marriage. More
By default judgment granted by DUBE J (as she then was) on 2 December 2020 in favour of the first respondent as applicant in case No. HC 5932/20 against the applicant herein with the second and third respondents being the same as in this application, the applicant and her agents were interdicted from carrying out mining activities at a mining claim called Xmas 159 situated at Smithfield Farm. The location of the claim is Mazowe area in Mashonaland Central Province. The learned judge also granted ancillary relief. The applicant filed this application for an order of rescission of the order... More
The applicant Melody Kuziwakwashe Makunura (Melody) has three related matters pending in this court the last of which is HC 931/23 that was placed before me for determination. The other related records are case numbers HC 6395/19 and HC 5728/20. The cases are related as follows:
Case Number HC 6395/19
The first respondent herein as plaintiff therein filed an application for rescission of a default judgement granted by UCHENA J (as he then was) in case number HC 9080/12 against one Rodger Nyasha Makunura and Chitungwiza Municipality as first and second defendants. In terms of that default judgement granted on... More
This application for a spoliation order has been brought on an urgent basis. The facts are that the Applicant MELODY MIDZI is a surviving daughter of the late AMOS MIDZI. AMOS MIDZI during his life time had been offered a land holding under the Land Reform and Resettlement Program (Model A2 PHASE II) by the Minister of Lands, Agriculture and Rural Resettlement at Subdivision 1 of Earling Farm, Beatrice in Mashonaland East Province on the 30th December 2002 for agricultural purposes measuring approximately 347.80 hectares in extent. After AMOS MIDZI’s demise the farm remained in the possession and occupation of... More
This is a hybrid application for a declarator and a mandamus which seeks the determination of the applicable tariff for enforcement purposes of the order obtained on 20 October 2020 under Civil Appeal No. SC 142/20. The issue is whether the court can make an order in terms of s 14 of the High Court Act [Chapter 7:06] to the effect that the applicable tariff to the applicant’s costs is as enunciated by the Law Society in the form of the 2011 USD Tariff and a mandamus compelling the first respondent to allow costs under SC 142/20 to be taxed... More
