The plaintiffs herein are husband and wife. In March 2010, they entered into a lease agreement with the then Minister of Local Government, Rural and Urban Development (now known as the Minister of Local Government and Public Works) in respect of a property called the Remainder of Stand 219 situate in the township of Strathaven in the district of Harare (the property). The Minister was joined to the proceedings as the second defendant by an order of this court dated 22 November 2022. The first defendant claims to be in occupation of the property since 2017, on the strength of... More
The plaintiff and the defendant customarily married each other in 1981. They registered their customary union in July 1983. They both started off working in Gweru, after which the defendant left Government service,to work for the Cotton Marketing Board. They were blessed with three children who are all majors, but their eldest child Nyasha, is mentally handicapped and will according to the Doctor’s report, have to be treated as a perpetual minor. More
This is an appeal against the whole judgment of the Magistrates’ Court sitting in Bulawayo, dated 13 August 2020. The court a quo granted the following order: cancellation of the agreement; the deposits and part payment made by defendant to be forfeited by plaintiff as rentals; ejectment of defendant and all those claiming occupation through them (sic) from stand No. 70 Emthunzini Township, Bulawayo; and costs of suit. More
This is an opposed urgent chamber application that had been filed exparte. I however directed that the application be served on the respondent who has now opposed the application. More
This urgent chamber application for the temporary release of the applicant’s Passporthas been brought in terms of Rule 60(6) of the High Court Rules, 2021.
The applicant has four outstanding criminal matters before the Magistrates Court. She is on bail and some reporting conditions including surrendering her passport to the Clerk of Court to ensure she does not abscond until all her cases are finalized. The offences she is facing
are:
(a) Contravention of Section 35 of the Marriage Act [Chapter 5.11] on which she has been convicted and a fine imposed together with a suspended prison term. Both conviction... More
The plaintiff instituted the instant action claiming an order for the eviction of the defendants and all persons claiming occupation through them from a property described in the summons as Share Number 24 of Sub-division. More
The plaintiff and the defendant are siblings. The plaintiff who is the younger of the two brought a claim against her brother the defendant for payment of the sum of $200 000.00 being the balance due and payable in respect of shares sold to the defendant. The plaintiff also sought interest on the above amount at the prescribed rate and costs of suit on a legal practitioner-client scale. More
The appellant was employed by the respondent company as a miner surveyor. She was charged with acts of misconduct. Disciplinary proceedings were conducted against her . She found guilty. She was penalized with dismissal. Her appeal internally failed. More
: The dispute in this case is essentially between the plaintiff and the first defendant who both claim to have purchased stand number 2110 Solani Epworth from the second defendant. The plaintiff claims to have bought the property on 12 March 2000 but did not take session of the purchased property. The second defendant however, later purchased the same property from the first defendant and took cession on 21 of March 2003. The session was duly registered by the third defendant in its capacity as the Local Board and owner of the property in dispute. More
This is an appeal against a judgment rendered by the Magistrates’ Court which was in favour of the respondent (the applicant then) against the appellant (the respondent then). The order was in the following terms; More
Applicant worked for Respondent as a teacher in Harare. She was dismissed from employment for misconduct. She appealed to respondent’s Appeals Officer who dismissed the appeal on the 16th June 2022. On the 8th July 2022 she appealed to this Court. The matter proceeded under reference LC/H/595/22 until applicant withdrew the appeal on the 17th October 2022. The present application was then filed on the 24th October 2022. Rule 19(1) of the Court’s Rules requires that an appeal should be filed within 21 (twenty-one) days of the impugned order. Therefore, the intended appeal in case is 3 months out of... More
The two accused persons were convicted on their own pleas of guilty to contravening s 4 (2) of the Firearms Act [Cap 10:09] after they were found in possession of a firearm which was in the dashboard of a Toyota Raum they were using. The firearm is registered but in the name of someone else. More
This matter came before me on 8th November 2013 for the Application for Condonation for late noting of appeal. Respondent raised a point in limine in that Applicant had not complied with the Rules of the Court and as a result Applicant should be barred in terms of Rule 19 (1). Respondent further stated that the Court should proceed in terms of Rule 28 (6) (b) as Applicant had not filed Heads of Argument in compliance with the Rules. More
The matter was reserved to enable me to consider whether the respondent who had failed to file a notice of response in terms of the Labour Court rules, 2006, had shown good cause for his failure to file a response.
Initially the respondent had requested the court to postpone the matter to enable then to pursue an application for condonation and up lifting of the bar that was operating against then. The court did not agree that the postponement would serve any useful purpose. The court advised the applicant that the matter would proceed in terms of rule 22 (a)... More
The plaintiff is a Philippino national resident in Zimbabwe. She on 1 June 1984 married Apolonio Ramos Dacany a Philipino in the Philippines.She thereafter on 16 February 2000 marriedthe late Baker Eddy Morten an American who was resident in Zimbabwe. The later marriage was solemnised in Zimbabwe. She at the subsequent marriage presented herself as a divorcee. She apparently complied with the requirements for the marriage of a divorcee. The magistrate who conducted the marriage said she presented a divorceorder which enabled him to issue them with a marriage certificate. More
