The background to this matter is that Fangudu farm was acquired from respondents by the fourth respondent. A portion of the farm was allocated to applicant. Whilst a dispute regarding the acquisition was still going on applicant moved onto the farm. Applicants sought a spoliation order by way of urgent chamber application and this was granted in case number HC 7170/06. This provisional order was confirmed by PATEL J in judgment number HH 128/09 which was handed down on 21 December 2009. The order by PATEL J was declaratory in nature. More
The application for condonation for late noting of appeal is dismissed. The reasons are as follows:
As correctly stated by the respondent’s deponent, the applicant has not advanced any grounds of appeal that merit the granting of the application. The purported grounds are just endless submissions that are not clear and concise. It is difficult to ascertain what exactly the applicant is attacking in the judgment of the court a quo. With this, it is difficult to see how and where exactly the court a quo erred. More
The 4 applicants are secondary school teachers who, until recently, have been employed as such at Prince Edward School in Harare. The first applicant joined that school on 1 January 2008 as a mathematics teacher, the second applicant joined on 1 January 2005 as a history teacher, the third applicant joined on 1 August 2008 as a music teacher and the fourth applicant joined on 8 September 2008 as a music teacher before being moved to the English Department. More
This application concerns the rescission of a court order dated 19 October 2022 under HC 6383/22 placing the applicant under corporate rescue. The aforesaid order has a clause providing for the appointment of the corporate rescue practitioner, namely, Obert Madondo. In addition, the order subjects the applicant to the supervision, management and control of the corporate rescue practitioner as provided for by the Insolvency Act [Chapter 6:07]. More
This is an application for bail pending appeal. The application is opposed. Applicant appeared before a Regional Magistrate at Bulawayo on the 12th of August 2022 facing a charge of contravening section 128 (b) of the Parks and Wildlife Act (Chapter 20:14), as amended by section 11 of the General Laws Amendment, 5/2011, that is possession of a specially protected animal or trophy. Applicant was convicted and sentenced to the mandatory 9 years imprisonment for being in possession of a pangolin carcass. Applicant has noted an appeal against both conviction and sentence in this court. This application has been motivated... More
On 29 April 2010 and in case number HC 2816/10 the applicant instituted action proceedings against the respondents claiming the sum of GBP 39 848-00, interest on that amount at the prescribed rate from date of summons to date of payment in full and costs of suit on a legal practitioner client scale and collection commission. The defendant filed a Special Plea and Exception. There was no response to theSpecial Plea and Exception. The defendants proceeded to set the matter down on the unopposed roll. On 11 August 2010 the Special Plea and Exception were upheld and the plaintiff’s claim... More
This is a court application filed in term of section 318 of the Companies Act [Chapter 24:03]for an order declaring 1st and 7th respondents to be personally liable for the judgment debt in Ames Engineering (Pvt) Ltd (applicant) v Nu Aero (Pvt) Ltd t/a Fly AfricaHC 2915/18. The basis of this application is that the directors of the 6th respondent (company) conducted its business in a manner that is fraudulent, alternatively reckless or grossly negligent.
CassindyMugwagwa was joined as 7th respondent in terms of an order obtained in HC 775/19. On the 3rd April 2019, applicant filed a notice of... More
The respondents are former employees of the appellant. The borne of contention is the classification of the appellant as to which National Employment Council (NEC) it belongs for a proper determination of the respondents grades and salaries.
The respondents’ contracts of employment were terminated in March 2015. A dispute ensued as to whether the termination was lawful. The parties eventually settled the matter before a conciliator. The respondents’ terminal benefits were paid. More
This is a mining dispute where two competing miners are jostling for the same piece of land. The 2nd respondent is a mining syndicate formed as a co-operative in 1988. It had fifty-eight (58) members. After its formation, it was granted mining rights over Partridge 2 and 3 mines at Esigodini. The respective registration numbers for these claims are35484/34463. The syndicate has at all material times been exercising their mining rights. More
At the end of the appeal proceedings we dismissed the appeal with costs. We have now been requested to furnish what is referred to as a full judgment and reasons for the dismissal of the appeal.
The respondent applied before the Trial Court for an interdict against the appellants. The interdict was specifically to stop appellants from bringing building materials and from conducting any construction at the disputed business stand at Machongwe Growth Point pending the finalisation of an eviction matter under GL 152/19. More
The applicant, Amina Mukuya was customarily married to Austin Mukuya, who died on 15 November 2012 leaving 4 children. Sometime in 1981 the deceased acquired a lease within an option to purchase stand C63 Chegutu Township from Chegutu Municipality. The rental status granted to the deceased was upgraded to home ownership status in 1988. The papers from Chegutu Municipality show that one Imulani Mukuya acquired ownership of the stand in 1993, the record reflects cancellation of 2254/88 and registration of 3169/93 which reflects the names of Imulani Mukuya. Sometime in 2014 Imulani Mukuya sold C63 Chegutu8 Township to the respondent. More
A Mr Abrahum Petros Louw Van Niekerk (Van Niekerk) by virtue of a Deed of Transfer 7477/73 was the registered owner of a certain piece of land situate in the District of Salisbury called the remaining extent of Lushof of Shinghaini measuring 428, 2613 hectares. (the property).
On 8 March 2001, Van Niekerk offered the property for sale to applicant. On 24 July 2001, first respondent issued to Van Niekerk a certificate of no present interest (Co N P I) which indicated that neither the President nor the Government had any intention to acquire the land in question. The Co... More
This is an application for rescission of Judgment granted by this court on 29 July 2013 dismissing the applicants’ appeal.
On 8 January 2014the applicants applied for rescission of the default order.
The factors to be considered in an application such as this one are;
• length of delay in applying for rescission.
• reasons for the default.
• prospects of success, and balance of convenience. More
The applicants applied to this court for the following remedy;
“1. That the 1st and 2nd respondents and all those claiming occupation through them be and are hereby ordered to vacate from the premises at stand 13975 Salisbury Township of Salisbury Township Lands Community known as stand 13 975 Plover Avenue Mt Pleasant Harare within seven days of the service of this order on them. More
The following factual background is common cause:-
- that Appellant had been in Respondent’s employ for 16 years and at the time the issue giving rise to this appeal arose, he was based at Respondent’s Marondera branch.
- that on or before the 16th May 2011 Appellant and Respondent’s General Manager Mr Madovi had some discussion which led to Appellant verbally tendering his resignation from Respondent’s employ
- that on the 16th May 2011 Appellant reduced the verbal resignation into writing.
- that on the same day the 16th May 2011 the General Manager Mr Madovi went to Marondera where... More
