The plaintiff‘s claim is for delictual damages for pain and suffering and loss of amenities. The plaintiff was arrested at his workplace on 12 November 2016 on allegations of unlawful entry into premises together with his workmates and detained at Budiriro Police Station. He claims that whilst in detention, the first defendant assaulted him resulting in him sustaining injuries. He was taken to court where he was acquitted of the charges he was facing. The plaintiff’s case is that the first defendant who is a member of the Zimbabwe Republic Police assaulted him together with other unidentified officers whilst he... More
The basis of the application is that the applicant is the current owner of a certain piece of land called Lot 1 of Orange Grove Hartley (“the farm”). On 12 December 2003 the Minister of Lands, Land Reform and Resettlement (the Minister) published a notice of acquisition of the farm in the Government Gazettee. More
This is an appeal against the decision of Arbitrator E.R. Chako that was handed down on 1 July 2015. The award was couched as follows;
“(1) The applicants were unfairly dismissed.
(2) The applicants be reinstated without loss of benefits or the respondent pay damages in lieu of reinstatement.”
The background history of this matter is that the respondents were employed by the appellant. Respondents raised their grievances to the appellant. This however resulted in a hearing and subsequent dismissal. The matter went for arbitration and the Arbitrator ruled in respondents’ favour. More
This urgent chamber application was brought before me on 19 February 2020 in chambers. I adjudged that the application was not urgent. On 11 February 2020 the applicant’s counsel wrote to the Registrar seeking audience with the court and address it on the aspect of urgency. The matter was set down for hearing on 17 February 2020. On the date of hearing the first respondent indicated that it was more concerned about the order of costs being prayed against the cited magistrate. The second respondent opposed the application arguing that the matter was no longer urgent given the background of... More
The Applicant approached this court seeking review of proceedings in the Magistrates Court on the basis of alleged gross procedural irregularities warranting intervention by this court. The thrust of the Applicant’s argument being that the proceedings be quashed and trial be ordered to commence afresh before a different Magistrate. The First Respondent opposed the application while the Second Respondent did not strictly oppose the application with Mrs Matsikidze pointing out that they were not endorsing the initial State opposition for postponement to allow applicant’s Counsel to attend in the court a quo. The Second Respondent further expressed it would abide... More
The appellant in this case was charged and convicted of assault as defined in section 89 (1) (a) of the Criminal Law Codification and Reform) Act [Chapter 9:23]. Upon his conviction he was sentenced to 12 months imprisonment of which 4 months imprisonment were suspended for 5 years on the usual condition of future good conduct. More
The history of this matter is long winding and confusing. Astonishingly, what comes out with clarity is the trading of insults between the two legal practitioners. Costs de bonis propies have been sought by both lawyers. More
This is an application made in terms of s 85(1)(a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”) for appropriate relief based on a freedom of religion claim. The application raises questions of the constitutionality of the policy and the actions of the education authorities of compelling schoolchildren to salute the national flag and to say the words “Almighty God, in whose hands our future lies” in the process of reciting a pledge of allegiance to the country. More
Applicant seeks a declaratory order against the respondents. The relief sought is aptly set out in the draft and reads as follows:
“IT IS ORDERED THAT:-
1. Application for a Declaratory order be and is hereby granted.
2. The disqualification of Applicant’s bid by the second Respondent be and is hereby declared erroneous and is set aside.
3. The Applicant be and is hereby declared the Highest Bidder and the rightful purchaser of the property commonly known as stand number 10138 White Cliff South Harare.
4. The 3rd Respondent be and is hereby directed to sign all transfer documents of... More
Both parties are professional nurses. They were married at Mutare on Africa Day, 25 May 2013 and the marriage still subsists. However on 15 February 2023 applicant served respondent with summons for divorce. The marriage was blessed with three minor children, eldest being a daughter and the remainder being both boys. Eldest daughter and second are both at Chancellor Junior School, Mutare and the youngest is doing ECD at Tiny Tots in Dangamvura. More
There has been an ordinate delay in the preparation and handing down of judgment which l reserved on 4 December, 2015. The delay was occasioned by my re-assignment to the Criminal Division. The delay is regretted. More
The plaintiff and first defendant were married on 25 December 1965 at Mrewa in terms of the Marriage Act [Chapter 37] as per the then operational laws of Southern Rhodesia. This marriage was monogamous by nature. Despite the nature of the marriage between the plaintiff and first defendant, the first defendant went on to enter an unregistered customary law union with the second defendant in or about 1979 or 1980. On 8 November 1989, the first defendant registered his marriage to the second defendant in terms of the African Marriages Act [Chapter 238] and misrepresented his status as someone who... More
The appellant was convicted and sentenced after a contested trial of rape as defined in s 65 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 15 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The appellant subsequently noted an appeal against both conviction and sentence. The appellant applied for bail pending appeal before the trial court and the application was dismissed hence the present appeal against refusal of bail. More
The applicant approached the court with an application for bail pending trial. The applicant is facing two counts of criminal charges, firstly he is charged with section 45 (1) of the Parks and Wildlife Act, [Cap 20:14] hunt or kill any specifically protected animal and secondly unlawful possession of a dangerous weapon as defined in section 28 (1) (e) of the Criminal Law (codification and Reform) Act [Cap 9:23]. It is the state’s contention that the accused together with accomplices entered Matendere ranch, Save valley conservancy, Bikita armed with one AK47 rifle with a charged magazine plus 38 loose live... More
The applicant’s case is that it is a holder of a mining location registered as Tebekwe mine by virtue of a tribute agreement signed in February 2010 between the applicant as the tributor and Ngezi Mining Company Pvt Ltd, a subsidiary of SMM Holdings as the grantor. A copy of the tribute agreement is attached in support. There were subsequent renewals of the tribute agreement the last of which was on 24 September 2021 before the applicant then bought the mining location from Ngezi Mining Company Pvt Ltd. A copy of the agreement of sale is attached signed in October... More
