This is an application sui generis. The facts of the matter are briefly as follows. Respondent was employed by the applicant. Following allegations of misconduct, respondent was brought before a disciplinary committee which found him guilty and recommended his dismissal. The matter was later referred to arbitration and finally ended up at the Labour Court. Respondent’s dismissal was upheld. It should be noted that since the dismissal of the matter at the Labour Court sitting at Gweru, respondent has approached the High Court and the Labour Court with various applications. This is the reason why applicant has approached this Court... More
The application is one for summary judgment. It has its genesis in a contract which the applicant and the first respondent concluded in October, 2016. More
On 14 February 2017 after hearing both counsels and having considered the written submissions in the record we dismissed the appeal with costs. We gave an ex tempore judgment. On 2 May 2017 we were requested to avail written reasons for our disposition. More
The late Chief Nemangwe of Gokwe district of the Midlands province, Peter Muchabeta (the 1st respondent) died on 20 July 2023. He died of natural causes. Before his demise, however, he was locked in this present a legal dispute with the applicant with the latter claiming that he (i.e. 1st respondent) had been improperly and un-procedurally appointed to that position. The applicant seeks an order setting aside the 1st respondent’s recommendation by the relevant statutory functionaries for appointment to that position leading to a fresh selection process for the Nemangwe Chieftainship. The applicant’s main gripe with the process leading up... More
After hearing argument from counsel I upheld the special plea, stayed these proceedings and referred the parties to arbitration.
These are my reasons for the judgment.
The plaintiff, on the basis of a cancelled written agreement which had been entered into between the parties on 8 December 2013 at Harare issued summons against the defendant. Summons was issued on 29 November 2016. More
This is an appeal against the entire judgment of the High Court which dismissed with costs the appellant’s claim for damages for breach of contract in the agreed sum of US$22 000.00. More
Plaintiff, Mike Belinsky, (“Belinsky”) was driving his Cherokee Jeep in the inner lane eastwards along Paisley Road towards ZBC complex in Mbare. Two lanes are on each side of this road. Beside him was a commuter omnibus belonging to Tonderayi Chipere, (“Chipere”) the defendant. There appeared ahead both of them a road block manned by officers of the Vehicle Inspection Department. Suddenly the commuter omnibus driver swung to his right colliding into Belinsky’s Jeep. Belinsky holds Chipere liable as owner of thus bus for the cost of repairs to his Jeep. Chipere denies liability on the basis that the driver... More
This is an appeal against the decision of Honourable Arbitrator Fidelis Matanhire that was handed down on 12 February 2016. The award states as follows:
“In light of the above arguments and evidence placed before me, it is my observation and determination that the Claimant was constructively dismissed and thus should be
(i) Reinstated without loss of salary and benefits or
(ii) If this is not possible, parties to negotiate for damages for loss of employment within twenty one (21) days from receipt of this award.
(iii) Thereafter, any party may approach this tribunal for quantification and registration of the... More
This case first came to my attention by way of an urgent application under case number HC 10767/17. The parties were cited as Mike Jiri and Giant Munsaka as the applicants. The respondents were (1) Magistrate Chakanyuka N.O. (2) The Prosecutor- General (3) Chief Magistrate Mishrod Guvamombe N.O. and (4) Tariro Gwatidzo. The urgent application was for a stay of criminal proceedings in the Magistrates Court, the reason being that applicants suspected that the Magistrate was biased against them; and as a result they had sought that she recuse herself for refusing to furnish reasons why she had dismissed their... More
What happened prior to this application is briefly this:
In case number HC 2795/11, the first three respondents herein obtained a provisional order on 21 March, 2011 against the fourth respondent herein which inter alia provided that “pending the finalization of the applicants’ claim against the respondent, the respondent be and is hereby barred and interdicted from making or selling an (sic) offering for sale or exporting any and all of the articles listed in the schedule hereto attached.” The provisional order was confirmed on 4 April, 2011. The effect of it was to authorise the deputy sheriff to retain... More
: The plaintiff issued summons in which he claims for an order setting aside the cancellation of an agreement of sale between him and the first defendant and an order for specific performance for the delivery of the property, being a flat called Block 12, Room 93, Mufakose Flats. He later, by consent, amended his claim by adding an alternative claim for damages if the relief of specific performance cannot be granted to him. During the trial and as the plaintiff gave his evidence he indicated that he was abandoning the claim for specific performance. As a result the outstanding... More
On 1 February 2013, I dismissed the applicant’s application for bail pending appeal. I gave ex tempore reasons for my decision. The applicant requested the written reasons for my decision. The following are my reasons. More
The defendant has entered a special plea of prescription.
The facts of the matter are as follows:-
On 9 June 1997 plaintiff and defendant entered into an agreement for plaintiff to lease Stand 4334 Westview Industrial Area, Masvingo on condition that he built buildings to the value of not less than $192 675.00 (Zimbabwean dollars) (Clause 4). The lease was for a period of one year and 6 months, from 1 June 1997 (Clause 1). More
