This is an appeal against the judgment of the High Court dismissing with costs, an application by the appellant seeking an order restraining the transfer of or in the event that the property had already been sold, an order reversing that sale and giving the appellant the right to purchase certain immovable property commonly known as no 8 Price Road, Emerald Hill, Harare. More
The applicant approached the Constitutional Court (“the Court”) in terms of r 32(2) of the Constitutional Court Rules, 2016 (“the Rules”) seeking leave to appeal against an order of the Supreme Court (“the court a quo”) which was couched as follows:
“WHEREUPON, after reading documents filed of record,
IT IS ORDERED THAT:
The appeal having been withdrawn, the appeal be and is hereby dismissed with no order as to costs.” (emphasis added) More
Application for condonation for late noting of review application was filed at the instance of the applicant employee. The respondent employer opposed the condonation and raised a point in limine. It is the point in limine which is the subject of this judgment.
The employer takes the point that the condonation application is improperly before the court as it is based on a defective notice of review. Its argument is that LC5 the form on which a review application is to be made makes it clear that the application shall be accompanied by a founding affidavit which the respondent would... More
1. This is an appeal against the decision of the employer finding the Appellant guilty as charged and imposing a penalty of dismissal. The appeal is against both the conviction and the penalty. The appeal was opposed. More
The plaintiff instituted action proceedings against the defendant claiming delictual damages. The back ground to the matter is as follows. On 30 January 2010, the plaintiff and the defendant were driving their motor vehicles along Borrowdale Road. The motor vehicles were involved in a collision near Celebration Centre. The collision was caused by the negligence of the defendant in that he drove his motor vehicle without due care and attention to other road users. The defendant paid a fine as an admission of guilty. More
This is an appeal against the decision of the magistrate refusing to admit the appellants to bail pending trial. The appellants appeared in the court of the magistrate on the 23rd March 2020, facing five counts of robbery as defined in section 126 of the Criminal law Codification and Reform Act [Chapter 9:23]. More
Applicant is facing allegations of contravening section 157 (1) (c) of the Criminal Law Codification and Reform Act (Chapter 9:23). It is alleged by the state that on the 2nd of September 2020 and at around 1200 hours detectives from Criminal Investigations Department, Drugs and Narcotics, Bulawayo, carried out a raid at appellant’s residence at 214 Harrisvale, Bulawayo. Detectives searched the yard and discovered 51 dagga plants in a garden. The plants measured between 15 to 150 cm in length. Appellant was granted bail on his initial appearance. The trial commenced and at the close of the state case appellant... More
This is an application for review of the events that eventually led to the applicants’ retirement/dismissal from employment. It is alleged that the Town Clerk acted ultra vires his mandate in that he made the decision meromotu in the absence of a Council Resolution to retire the first and 2nd Applicants. It has also been submitted to the court that the 3rd and 4th Applicants’ offices have been abolished by the Respondent and thus abolition amounts to a defacto retrenchment exercise. The Applicants have told the court that this is a unilateral variation of the employment contract. More
The two applicants seek to reverse the sale of a property in a deceased estate. The property is known as 16286 Unit M, Seke, Chitungwiza and it belonged to the estate of the late David Chirikure Mukarati who was their father. They also seek that that the agreement of sale of that property entered into by the executor Noreen Chikaka, being the second respondent herein, with the purchaser being Anderson Remuyanga who is the 4th respondent herein, be declared null and void. They also want title of the property to be resuscitated in the name of the late David Chirikure... More
This is an application to interdict the first respondent from transferring a certain piece of property namely number 8 Prices Road, Emerald Hill Harare to the second respondent, pending resolution of the rights of the applicant in the property. Applicant also sought reversal of the sale and that he be given the right to purchase the property. More
The first applicant was elected as the Executive Mayor of the second respondent on 11 March 2002. On 29 December 2005, he received a letter from the first respondent suspending him from duty upon certain specific grounds that were detailed in the letter. It was also indicated in the letter that the suspension would be without salary and benefits and accordingly, the first applicant was to surrender all council property in his possession and vacate council premises to allow investigations into the allegations leveled against him to proceed. More
This is an urgent chamber application for an order interdicting the respondents from interfering with the applicant’s mining rights and operations at Somerset 16 Mine registered under certificate of registration number 24107 Sherwood, Kwekwe and for the respondents to forthwith vacate the said mine and give vacant possession thereto to the applicant. The other relief sought is for the fifth respondent to be ordered not to purchase or pay for any gold mined from Somerset 792, Somerset 791, Somerset 16 and Good Morning Mine, that is delivered to it by the first respondent or any person acting on behalf of... More
On 5 August 2014 one Gert Willem Van Der Linde (“Gert”) and his wife, Martha Elizabeth Van Der Linden (“Martha”), entered into a contract with the first respondent (“the respondent”), a charitable and not-for-profit trust, which is set up in accordance with the laws of Zimbabwe. The contract entitled Gert and Martha the right to occupy the respondent’s cottage number 28 which is at Athol Evans Complex, along Chiremba Road, in Cranborne area, Harare. More
The application was filed in terms of section 4 of the Administrative Justice Act (Chapter 10:28). The 1st respondent is an administrative authority with powers exercised in terms of the Mines and Minerals Act (Chapter 21:05.).The order sought by the applicant is in the following terms:
“It is ordered that
1. 1st respondent’s letter dated 25 April 2019 and its directions therein, be and is hereby revoked, for failure to comply with proper Administrative Justice.
2. There be no order as to costs.”
It will be noted that the application did not seek any substantive relief against the respondents, save... More
