This is an appeal against the judgment of the High Court handed down on 4 May 2018. The appellant had, before that court, sought a declarator that the Presidential Powers (Temporary Measures) (Amendment of Electoral Act) Regulations, 2016 published as Statutory Instrument 117/2017 were null and void and of no force or effect. The appellant had also sought an order declaring the enabling Act, the Presidential Powers (Temporary Measures) Act, [Chapter 10:20] to be inconsistent with the Constitution of Zimbabwe and, as a consequence, the striking down of that Act. In the alternative, the appellant sought a declarator that s... More
On 14 April 2021, after reading documents filed of record and hearing Counsel for the applicant and for the respondents, I pronounced the following order:
“IT IS ORDERED THAT:
1. The first respondent’s actions, on 21 September 2020, in impounding the applicant’s Subaru motor vehicle, without warrant of court order, were unlawful, null and void
2. Part 1, relating to items 1 to 4 being fees that are expressed in United States Dollars, of the Vehicle Registration and Licensing (Amendment Regulations 2020) (No 21), published as Statutory Instrument 166 of 2020 be and is hereby declared to be ultra vires... More
As you will be aware, the application among other things seeks to challenge the constitutionality of the Presidential Powers (Temporary Measures) Act [Chapter 10:20] amended to Electoral Act Regulations 2016 published in Statutory Instrument 117/2017.
3. As you are aware of, the regulations we (sic) enacted on 15 September 2017 and therefore they will naturally expire by 15 March 2017.
4. In order to avoid a situation where arguments will be academic on aspects of the regulations, and given the fact that both parties have filed heads of argument in this matter., we seek that the matter be determined urgently.”... More
1. This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that applicant caused the death of his wife Niccolah Mabvure (deceased) by stabbing her with a kitchen knife. The deceased suffered deep cuts on the neck, stomach and the right cheek. She bleed and died at the scene of crime. More
This is an appeal in terms of section 65 of the Income Tax Act, ( ITA) where on 10 October 2018 the parties agreed that the main issues for determination would be the following:
“1. Whether or not the separate mining operations under the Appellant’s portfolio were inseparable and substantially interdependent, such that capital allowances in respect of the different mines should have been allowed under one tax return for each tax year period.
2. In the event of a finding being made that the issuance of separate income tax assessments for each mining unit was proper, whether or not... More
On 12 March 2015 respondent’s Acting General Manager (AGM) dismissed appellant’s appeal against her dismissal from employment. Appellant then appealed to this court against the decision. Respondent opposed the appeal. More
The applicants approached this court seeking an order in the following terms:
“1) The decision by the first and second respondents in refusing to renew the fishing permits for the first, second and third applicants be and is hereby set aside.
2) The first and second respondents are hereby directed to issue fishing permits to the first, second and third applicants upon payment of the requisite fees and compliance with one statutory requirements.
3) The first and second respondents shall pay costs of suit jointly and severally, the one paying the other to be absolved More
The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] in 2006. Whereas the plaintiff said that this followed an unregistered customary law union entered in 2004, the defendant insisted that this was in 1999. Three children were born to this marriage namely Takudzwa L. Shereni (born 8 August 1999), Tinotenda Shereni (born 22 December 2004) and Tawananyasha B. Shereni (born 28 November 2012). More
The applicants who are husband and wife entered into an agreement of sale with the 2nd respondent, Ndabalime wherein Ndabalime purported to be the seller of 18247 Reynolds Drive, Barham Green. Ndabalime duly received payment from the applicants. The property belonged to Mthokozelwa Sibanda, a brother to the 1st respondent. Mthokozelwa died on 25th September 2015 and Ndabalime sold the property on 24th February 2016. As at the time of such sale Mthokozelwa‘s estate had not yet been registered with the 4th respondent. It was subsequently registered and the 1st respondent who is a sister to Mthokozelwa was appointed the... More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. Since the second respondent, the Messenger of Court is cited here in his nominal capacity and did not file any papers, for ease the first respondent shall be... More
DUBE-BANDA J: This is an urgent application. This application was filed in this court on 12 March 2021. The application was placed before me and, without hearing the parties, I directed that “this application is not urgent and it is accordingly removed from the roll of urgent matters.” Subsequent to my directive, applicant’s legal practitioners addressed a letter to the Registrar, the letter is worded as follows: More
On the 6th November, 2013 Arbitrator Dangarembizi issued the following award:
“That the dismissal of the claimant is unlawful and is set aside and the Respondent is hereby ordered to pay damages in United States Dollars for unlawful dismissal, the quantum of which is to be agreed by the parties granting the order, failure of which either party may apply to this Tribunal for quantification More
