This is an appeal against the decision of the Disciplinary Hearing Committee which dismissed the Appellant following allegations of contravening the Public Service Regulations
1 /2000.
The facts of the case are as follows: Appellant was employed as a Depot Manager by the Respondent Ministry. At the time of the allegations founding the instant case, he was based at the Marondera Vehicle Inspection Depot. More
This is an appeal against conviction and sentence. The appellant was convicted of the offence of theft by false pretences under the old law. He was sentenced to 24 months imprisonment of which 6 months imprisonment was suspended for five years on condition that during that period he does not commit an offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. The effective sentence was therefore 18 months imprisonment. The appeal is opposed by the respondent. More
The plaintiff and defendant are husband and wife. They married each other in Harare on 23 August 1997 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with three children, Tatenda (male born on 20 September 1997); Tapiwa (female born on 8 February 2001) and Takudzwa (female born on 10 August 2003).
On 31 March 2010 the plaintiff issued summons out of the court seeking a decree of divorce on the basis of irretrievable breakdown, an order for custody of the three minor children, an order of sharing matrimonial property and costs of suit. More
The background to this matter explains the very long and elaborate draft order. These background facts are based on the applicant’s version, which is this: the applicant and 1st respondent were known to each other as client and legal practitioner since 2005. The 1st respondent is a legal practitioner and senior partner practicing under Dube-Banda, Nzarayapenga and Partners. The 1st and 2nd respondents are shareholders in the 3rd respondent. The 1st respondent pitched a proposal to the applicant to invest in the 3rd respondent and the applicant duly invested US$400 000 but in the form of a loan. This investment... More
This is an appeal against the decision of the Institute Board to dismiss the appellant from employment.
The brief history of this matter is that appellant a lecturer in the Pharmaceutical Technology department around August 2015 started conducting lectures for two foreign students from Namibia without the requisite authorisation. He made the students to pay $200 for the ten lessons he delivered to them. He was charged for contravening Section 9:4:2 of the Disciplinary and Grievance Handling Procedural which reads that
“Any act of conduct or omission inconsistent of the express or implied conditions of his contract.” More
On 17th October 2011 this Court made an order by default in favour of Respondent. On 18th October 2011 Applicant filed the present application for rescission of the order. Respondent opposed the application. More
This is an application to compel a cession of rights, title and interests in Stand 7612 Kwekwe Township to the second applicant, Brainchild Properties (Private) Limited (Brainchild) by the first respondent Brenan James Michael De Bruyn (Mr De Bruyn) and the second respondent Advance Africa Holdings (Private Limited) (Advance Africa). The third respondent, the City of Kwekwe is cited in its capacity as the local authority where the property is situated and whose consent is required. More
This is an application for bail pending appeal. The principles underlying an application of this nature are summarily, the likelihood of abscondment, prospects of success and the delay before the appeal is heard as outlined in the case of S v Dzawo 1998 (1) ZLR 556(S). These are counter balanced by the interests of the administration of justice and an individual’s right to freedom. See, S v Williams 1980 ZLR 466(A). However, the rules are sterner for a convicted person than those who stands to be convicted as the latter has constitutionally entrenched rights to liberty and to be presumed... More
On the 13th of July, 2012 this Court granted an order by default in favour of the Respondent. The Applicant has filed the present application for rescission of that order, upliftment of the bar and condonation for the late filing of heads of argument. The application is opposed. More
On 8 July 2022 at Total Service Station Rusape, Manicaland, all three applicants were found by detectives being in possession of a dead pangolin in contravention of s 45 (1)(b) of Parks and Wild Life Act, [Chapter 20;14]. S read with SI 70 of 2020. The applicants were using a silver Toyota Baby Quantum belonging to second applicant. All three applicants were lured by police detectives who posed as potential buyers. The pangolin was stashed in 10kg polythene bag behind the driver’s seat. Cellphone umber 0777 925 402 belonging to first applicant was used to communicate with the potential buyers... More
The parties got married on 27 April 2013 in terms of the Marriage Act [Chapter 5:11]. No children were born out of the marriage. At the pre-trial conference they were agreed that their marriage had irretrievably broken down to the extent that there were no reasonable prospects of restoring it to a normal marriage. I will thus grant a decree of divorce.
Two issues were referred for trial.
a) How is the matrimonial property to be distributed between the parties?
b) Whether the defendant can claim maintenance from the plaintiff? More
The plaintiff has apart from the fourth and fifth defendants, been involved in legal combat with all the other parties in HC 2765/05. In HC 4096/96 he brought an application for his reinstatement as a director in sixth defendant against sixth defendant. He was reinstated. The sixth defendant got its act together and dismissed him as a director on 24 September 1996. He brought another application seeking reinstatement in HC 4157/97. It was contested. BARTLETT J dismissed that application with costs on 17 September 1997. The founding affidavit that launched the present matter is a carbon copy of the application... More
This is an application for a compelling order of the transfer of property namely a certain piece of land situate in the District of Salisbury called Stand 4008 Prospect Township of Stand 104 of Prospect measuring 1 848 square meters (One Thousand Eight Hundred and Forty –Eight square metres), the applicant bought from the first respondent. In short this is an application for the firstrespondent to be compelled to give the applicant vacant possession of the above –mentioned property More
We summarise the facts giving rise to this application from the two applications that were filed in the High Court under case numbers HC 2128/21 and HC 2166/21, respectively. The facts are not complex.
The facts of this application coalesce, and relevantly so, around 15 May 2021 when the Chief Justice, Judge Malaba, reached the age of seventy. A few days before that date, on 7 May 2021 to be precise, the Constitution of Zimbabwe Amendment (No. 2) Act (No. 2 of 2021) came into force. Among other provisions, it amended s 186 of the Constitution to provide for the... More
