This is an application for the confirmation of a ruling in the matter between Johnson Mapira and Moreyear Investments Company. The background to the matter is that Mapira lost his job with Moreyear on notice. Aggrieved by the job loss he approached a labour officer who ruled that the termination on notice was not regular as it was not in sync with the law set out in Sec 12(4)(a) to (d) of the Labour Amendment Act. More
4. The pertinent and condensed facts for the purposes of this judgment are that the appellant, facing certain charges, was admitted to bail on certain conditions including the condition that she surrenders her diplomatic passport to the clerk of court at Harare Magistrates Court. Thereafter, in different proceedings and on different charges that were subsequently laid against her, she was admitted to bail after successfully appealing to the High Court against refusal of bail. The subsequent bail order was later altered by the addition of a provision requiring her to surrender her ordinary passport to the clerk of court at... More
This is an appeal against the judgment of the Magistrates court which found the appellant guilty of contravening s 35 of the Marriages Act [Chapter 5:11]. The sentence imposed was a fine of ZWL$60 000.00 in default of payment 6 months imprisonment. In addition, 12 months’ imprisonment was imposed and wholly suspended on condition of good behaviour. In respect of the appeal against the sentence, the appellant is dissatisfied with the 12 months imprisonment wholly suspended by the court a quo. More
The facts of this matter are generally common cause. Marsden Farm situated in the District of Chegutu was previously owned by Michael Hughes Mino and Shelly Diane Mino, through a company known as Marsden Farm Private Limited, which held title to the farm. More
Plaintiff filed summons against Defendants jointly and severally for an order for the payment of ZWD equivalent of US$4 917being the outstanding balance on damages arising from an accident negligently caused by the first defendant whilst in the course and scope of his employment with the second Defendant along Samora Machel Avenue, Harare, on 6th of June 2020 and costs of suit on a higher scale. More
This is an appeal against the decision of the High Court, wherein the High Court dismissed the appellant’s application for an order in terms of s 4 of the Administrative Justice Act [Chapter 10:28]. Before finalization of the matter the court drew the parties’ attention to a potentially significant point of law not addressed on the papers or in submissions, viz., the implications to the appeal of s 7(2)(c)(i) of the Securities Act [Chapter 24:25] and to file any supplementary submissions they may wish to make on the point by 14 March 2016. Mr Mpofu, for the appellant filed supplementary... More
On the 7th September 2023 respondent’s Disciplinary Authority (DA) found appellant
guilty of misconduct. As penalty she was transferred from Zvishavane District Hospital to
Mberengwa District Hospital. Appellant then appealed her conviction and penalty to
respondent (Commission) who dismissed the appeal on 17th October 2023. Appellant then
appealed to this Court in terms of Section 52 of the Health Service Regulations. S.I. 117 of
2006. Respondent opposed the appeal. More
The plaintiff issued summons for compensation in the sum of US$25 000 for improvements on Stand number 3701, Cold Stream, Chinhoyi ‘the property’ after the death of Felix Chasi alternatively that, in the event the defendant fails to pay then the plaintiff buys off the defendant from the property and costs of suit. The claim is based on unjust enrichment. More
Most of the fact in this case appear common cause. They are as follows.
The appellant was employed as a clerk by the respondent council. She was responsible for receipting and banking funds on behalf of the respondent. In March 2000 a home seeker paid twenty thousand dollars towards the purchase of a house from council. The appellant received the money but she did not issue out a receipt. She did not bank the money but kept it in a council safe. The buyer one Charumbira, continuously asked for a receipt but she did not get one. However she was... More
This is an appeal against the decision of the Magistrate Court sitting at Chiredzi dismissing appellant’s application for rescission of a default judgment which was granted in 2009. More
The applicant in this matter was appointed in 2008 as a commissioner of the 2nd respondent, the Securities Commission of Zimbabwe (the Commission), by the 1st respondent, the Minister of Finance (the Minister). She seeks an order setting aside the decision of the Minister taken in May 2011 terminating her tenure as commissioner. Both respondents resist the application on the ground that the applicant’s removal from office was lawful under the governing enactment. More
Disputes arising from affairs of deceased estates are common and this is one of them. Wilfanos Gabriel Mashingaidze died intestate on 25 November 2013. He left behind, among other properties, a farm known as Glasalla (the farm) in Darwin district measuring 1105,9293 hectares. It is this farm which is now the centre of dispute with the plaintiff, Martha Wazili, (Martha) claiming half share of it. On the other hand the 4th defendant, Chengeto Mashingaidze (Chengeto) contests the claim and has asked the court to dismiss the plaintiff’s claim with costs. Chengeto has also in an earlier court application in case... More
This is a chamber application in terms of r 20 of the Constitutional Court Rules, 2016 (“the Rules”) for an order for reinstatement of a matter deemed to have been abandoned and dismissed by the Registrar of the Constitutional Court (“the Registrar”). The matter had come to the Constitutional Court (“the Court”) by way of a referral in terms of s 175(4) of the Constitution. More
