This was an application for bail pending appeal in which this court, after perusing the application and hearing counsel, this court was of the considered view that bail pending appeal be not granted as there were no prospects of success on appeal. More
This matter took unduly long to conclude. It was initially intercepted by a robustly contested point in limine challenging the court`s exercise of jurisdiction. The ensuing interlocutory arguments resulted in the decision of Matthew Rosenfeldt v The Brackenhill Trust & 4 Ors HH 348-23. That matter dealt extensively with the issue of definition of a commercial dispute. More
The procedural overburden which suffocated resuscitation of distressed companies under Zimbabwe`s old Insolvency Act [Chapter 6:04] and Companies Act [ Chapter 24:03] was articulated by MALABA CJ in Metallon Gold Zimbabwe (Pvt) Ltd & 3 Ors v Shatirwa Investments (Pvt) Ltd & 3 Ors SC 107-21. In the same decision, the Learned Chief Justice dwelt, with equal acuity, on the significant changes to the corporate rescue process introduced by the new Insolvency Act [Chapter 6:07] . More
The applicant is seeking an order for the cancellation of the Title Deed Number 2411/2012B registered in the name of the second respondent Mallan Zorodzai Chiswa, the return of his Mercedes Benz S 350 Registration Number AAH 0097 which is held by the second respondent as well as payment of costs on an attorney and client scale against the first and second respondents. More
This is a chamber application in terms of rule 164 as read with rule 165 (1) of the High Court Rules, 1971 (Rules). It is contended that (a) applicant filed and served upon respondent a notice to make a further discovery in terms rule 162 on the 8th July 2020; (b) the respondent has not yet filed its notice of a time for inspection in terms of rule 164. Applicant seeks an order drawn in the following terms:-
1. The Respondent shall file its Notice to Inspect in terms of Rule 164 (1a) within 5 days of the service of... More
This is an application for a postponement of a trial.Even though the postponement itself was dealt with fairly comfortably by counsel, the costs occasioned by the postponement became a bone of contention. Hence this judgment.
This matter was set-down for trial for the 2nd and 3rd February 2022. The trial was set to start at 10 O’clock. Defendant was not in attendance. Adv. Dube counsel for the defendant informed the court thather brief was to apply for a postponement of the trial.The brief to Adv. Dubeto appear in court and seek a postponement was given telephonicallyby Mr Ncube of Ncube... More
This is an urgent application wherein the applicant seeks the following interim relief:
“Pending the confirmation or discharge of this order, that it shall have the effect of,
- Restraining the 1st respondent from allocating the annual quota in respect of Tsholotsho North concession area, being the area leased by the applicant from 1st respondent, to any third party and or issuing hunting permits for the same area leased by applicant.” More
The dispute in this case was over the issue of succession to the position of village head.The background information was that the plaintiff, Matyeka (correct name Mahleka) Whicho, was the last born male child in the family in question. The second defendant, Tate Whicho, was plaintiff’s elder half-brother. They were born of the same father but of different mothers. Between them was another brother who had been born of the same mother as the plaintiff. The plaintiff claimed he had been duly appointed the village head in 1999 and had on three occasions received the allowances for that position but... More
The plaintiff’s claim is for payment of US$7456 being the outstanding balance for payment for goods sold and delivered to the defendant at the defendant’s request and US$720 being travelling and subsistence costs incurred by the plaintiff. In its declaration the plaintiff averred that sometime in December 2009 it entered into a contract with the defendant for the supply of 797 printed sports shorts at an agreed price of US$3 per item; 722 printed “T” shirts at US$7 per item and printed “O” and “A” level report books for a total cost of US$4 700. The total cost for all... More
On 28 March 2009, the first defendant who purported to be insured by the second defendant was involved in a road traffic accident that caused injuries to the plaintiffs and death to a teenage girl Sharon Beni. The plaintiffs issued summons out of this court on 31 October 2011 claiming delictual special and general damages against the defendants. The defendants contested the action. More
With due respect the grounds given were rather terse. At best they are ambiguous. They do not specify which points the appeal raises or the exact findings which are impugned. I consider the grounds as void because they do not raise points of law. In terms of section 98 (10) of the Labour Act Chapter 48:10 (hereafter called the Act) an appeal against an arbitration award must raise points of law and not fact. More
This is an urgent chamber application for an order staying the criminal proceedings which are pending in the Magistrates Court against the applicants. More
After hearing submissions made for applicant and first respondent, I dismissed the application with costs on the higher scale. I gave brief oral reasons therefor.
Second and third respondents were not opposed to the application. They filed no papers, although they were represented at the hearing. On the 10th September 2018 the record was again placed before me by the Registrar. More
This is an appeal against the decision of the respondent’s disciplinary authority which found the employee appellant guilty of improperly associating with a school child and penalised him with dismissal. More
The appellant was convicted of two counts of contravening s 65 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He was sentenced to sixteen years imprisonment of which four years imprisonment were suspended on condition of good behaviour. He now appeals against conviction and sentence More
