The appellant appeared before a magistrate sitting at Kwekwe facing one count of contravening section 15 (1) (c) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), cultivating dagga. He was arrested for cultivating 10 plants of dagga which were 30 cm long. Appellant was convicted on his own plea of guilty and sentenced to 12 months imprisonment of which 6 months were suspended for 5 years on the usual conditions of future good conduct. The appellant had an effective term of 6 months imprisonment. More
This is an application for confirmation of a provisional order issued by this court on 10 November 2011. The interim relief that was granted on that date was that:
1. The respondent shall forthwith cease any improvements on the property known as stand number 927 Forbes Road, Uplands Waterfalls Harare, and shall remove from the property, all his movable goods and effects.
2. Costs shall follow the cause.
The relief that the applicants now seek is confirmation of the terms of the final order which reads as follows: More
The background facts are contained in the affidavit of the applicants. All five applicants are erstwhile Workers of Bingaguru Farm in Makoni District, in Manicaland Province. Bingaguru Farm became a subject of land resettlement directly affecting the applicants, their families and livestock. Sometime in 2011 traditional leaders integrated them and allocated them plots of land for resettlement. Respondent then entered into a partnership agreement with Sports Leaders Institute of Zimbabwe wherein the local authority provided land to the organisation on 5 February 2020 and the Sports Institute took occupation and started to put structures at the site. Among other activities... More
This is an application for rescission of a default judgment, upliftment of bar and condonation for late filing of heads of argument, filed on 17 August 2015.
The background to this matter is common cause. The applicant was employed by the respondent as a Purchasing Clerk. He was dismissed from employment in March 2015 following disciplinary proceedings in which he was found guilty of misconduct, in terms of the respondent’s Code of Conduct. The charges involved were “Sub-standard performance of work and Theft/Fraud/Dishonesty”.
On 14 April 2014 the applicant filed an application for review with this court.He sought to set... More
The first – third appellants filed their joint appeal under case No. B 429/21. The fourth appellant separately filed his appeal under case No. B 494/21. The bail applications were set down for hearing on the same date. The appellants are all co-accused in the case for which bail was refused by the magistrate and is now subject of this appeal. By agreement of counsel, the applications B 429/21 and B 494/21 were consolidated for purposes of hearing and judgment. This explains why the fourth appellant has been cited as such. More
This application is aimed at the restoration of applicant’s peaceful and undisturbed possession and occupation of KOODOO 10 gold …..claim and for a prohibitory order, barring the first to ninth respondents and their agents from interfering with applicant’s peaceful and undisturbed mining activities at KOODOO 10 gold ….claim in Chitiyo Village MakahaMudzi District following the grant of an order by MANYANGADZE J on 8 August 2023. More
This is an appeal against an arbitral award granted in favour of the respondents at Harare on 11th February 2013.
The brief facts of this matter are that the respondents who are former employees of the appellant were voluntarily retrenched in terms of the respective agreements it entered into with them. Out of the agreements one issue was not met by the appellant. This is with respect to their bonus payments. The parties failed to agree on the interpretation of the paragraph relating to the payment of bonus. The matter was referred to conciliation. Parties failed to agree and the... More
On 23 September 2013 this court issued an order dismissing with costs the application for stay of execution. A request has been made for reasons for the order and I outline the reasons in the following judgment. More
This is a Court Application for a Declaratory Order in terms of section 14 of the High Court Act [Chapter 7:06] as read together with Order 32 r 226 (1) (a) of the High Court of Zimbabwe Rules, 1971. In this application the applicants have to satisfy the court that they are interested parties, that there is a right or obligation which becomes the object of the inquiry, they are not approaching the court for what amounts to a legal opinion upon abstract or academic matters and that consideration of public policy favours issuance of the declaratory. More
In this urgent application, the applicant, a gold mining concern, seeks a provisional order the interim relief of which is a stay of execution of a default judgement issued by this court, per ZHOU J, on 6 November 2013, pending the determination of a rescission of judgement application which it has filed. More
Article 16 of the United Nations Commission on International Trade Law [UNCITRAL] Model Law, an annexure to our Arbitration Act [Chapter 7:15] [“the Model Law”], paraphrased, and for the moment only picking the bare essentials relevant to this case, empowers an arbitral tribunal to rule on the question of its own jurisdiction. The Article also empowers a party to an arbitration to raise a plea that the arbitral tribunal is exceeding the scope of its authority. The arbitral tribunal may rule on the question of its exceeding the scope of its authority either as a preliminary point or in its... More
The plaintiff issued summons against the defendant out of this court on 17 March 2010 seeking an order confirming the cancellation of the agreement of lease between the parties. It also sought payment of arrear rentals from December 2008 to February 2010 of US$58 021-94 together with interest thereon at the prescribed rate calculated from 1 March 2010 to the date of payment in full, payment of holding over damages of US$7 100-00 per month calculated from 1 March 2010 to the date of the defendant’s ejectment together with interest from the due date to the date of payment, the... More
On 20 October 2010, the plaintiff issued summons out of this court against the two defendants. The plaintiff and the first defendant concluded a lease agreement on 23 March 2009. The second defendant stood as surety and co-principal debtor to plaintiff for the due performance by first defendant of all its obligations arising from the lease agreement. More
The applicant is Mining Industry Pension Fund, a body corporate with juristic status and capable of suing and to be sued. The defendant is Cohen Chipunza, a male adult of Harare. The plaintiff is the owner of a certain immovable property called Stand 17594, Shop No. F09, Angwa City, Harare. The defendant stood as surety and co-principal debtor in solidium in respect of the rental and other obligations required to be satisfied by a company called Future Generations (Pvt) Ltd, in terms of a lease agreement between the plaintiff and the aforesaid company in relation to the plaintiff’s property referred... More
1. This is an application for condonation and extension of time within which to note an appeal against the decision of the High Court in terms of s 43 (1) of the Supreme Court Rules, 2018. The application is opposed. More
