The facts are common cause and are briefly that the application was employed by the respondent as a sales consultant. He was charged with acts of misconduct in terms of Section 4 (a) of the Labour (National Employment Code of Conduct) regulations, 2006 (SI 15/06) (National Code). It was alleged that on 29 August 2022 and 1st September 2022 the applicant had allegedly accessed a customer’s call data and shared same with the customer’s husband without getting permission from the customer. It was alleged further that on 29 August 2022, applicant had sent a WhatsApp message in a work group... More
The plaintiffs in this case seek the ejectment of all the defendants (who are 30 in all), and of all persons claiming title through them, from the property known as Railway Farm 26, in Chegutu.
At the inception of the trial of this matter, the plaintiffs formally withdrew their action against the 31st defendant, namely, the Minister of Lands, Agriculture and Rural Resettlement. Plaintiffs’ counsel also sought judgement by default as against those defendants who were not personally present at the trial. However, counsel for the defendants submitted that the 8th defendant, Jeremiah Chikepe, had been appointed and authorised to... More
This is an application for condonation for the late filing of an application for review. The application is opposed. At the hearing of the application, a preliminary point was raised by the respondent. The respondent argued that the applicant had failed to comply with the provisions of Rule 11 A (4) of the Labour Court Rules, 2017 (as amended) (the Rules). More
This is an appeal against an arbitral award which upheld the dismissal of the appellant from the respondent’s employ. The arbitrator proceeded on the basis of written submissions as agreed to by the parties. More
On 24 November 2021 my brother WAMAMBO J and myself heard arguments in relation to this appeal matter from Mr S. Ganya for the appellant and Mr B. E Mathose for the respondent being the State. We then proceeded to give reasons for the judgment ex tempore. More
The appellant, Maxwell Marangwandaaged 56 years, was charged and convicted of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] where it is alleged that on 29 August 2018 at Nyachityu Business Centre, Marange, Mutare, the appellant hit Patson Chakawanda twice on his arms with an iron bar. On 27 February 2019 the appellant was sentenced to 12 months imprisonment of which 3 months imprisonment was suspended for 2 years on condition accused does not during that period commit any offence involving violence for which he is sentenced to imprisonment without... More
This is an appeal against the order by a Magistrate sitting at Harare Magistrate Court. The Magistrate rendered an order dismissing the application for stay of execution launched by the appellant More
BHUNU J: The facts leading to this urgent chamber application are as follows:
Certain property in question, cited as Inyanga Block (Folio No. 6151, Title No. 1813/61) at one time belonged to William Antony Igoe, who sold this property to the Government of Zimbabwe in 1986 resulting in the cancelling of the Deed in terms of the Rural Land Act Chapter 20:18. He however retained certain rights over the transferred land, which were specified in a written agreement that was to expire at the end of a period of 25 years after the transfer. These rights included among others, the... More
This matter is a prime example of why litigants should seek legal advice and instruct legal practitioners to represent them in order to better articulate their claims in accordance with the relevant principles of law. As I shall show, this is a case which I find to be so hopelessly convoluted and muddied that I ought to have dispensed with it ex tempore but have been forced to write a judgment in order to ensure plaintiff understands the shortcomings of his case so that in future he either seeks expert and skilled legal advice to assist him decide whether and... More
I heard this opposed application on 20 January, 2022. I delivered an ex tempore judgment in which I dismissed it with costs.
On 27 January, 2022 the applicants wrote to the registrar of this court. They requested full written reasons for my decision. My reasons are these:
Maxwell Matsvimbo Sibanda and Gladys Sibanda who are respectively the first and second applicants in casu are husband and wife. They are both the judgment debtor in interpleader proceedings which the court of the magistrate determined on December, 2020 under case number 10791/19. Gladys Sibanda, the third applicant in casu, is their daughter.... More
The appellants who are husband and wife are appealing against the whole judgment of the Magistrates Court in Case No. 10791/19 handed down at Harare on the 30th day of September 2020. The court a quo had dismissed the appellants’ threefold applications for condonation for late filing of an application for review, review of taxation and stay of execution. The threefold applications were in respect of an earlier court order evicting the appellants from the premises known as No. 593 Prince Road, Borrowdale Brooke, Harare where they were renting.
The appellants who are self- actors’ four grounds of appeal are... More
: The applicant seeks an order in the following terms, that:
“1. The 8th respondent be and is hereby joined to the proceedings under case number HC 3203/18.
2. Costs be in the cause.”
The applicant states that he was a lessee of a property owned by the first respondent.
The parties agreed that the applicant could effect renovations and improvements on the property, which he did. In due course sometime in August 2005 the first respondent offered the applicant the property for USD 220 000. The sale did not materialise due to the first and second respondents’ fault. In... More
On 28 February 2007, the plaintiff entered into a deed of sale with the defendant for the purchase of an immovable property being subdivision B of subdivision D of subdivision A of Lot 4 of Lot A of Colne Valley of Rietfontein otherwise known as 47 Addington Lane Ballentine Park, Harare. More
: This application was heard on 10 November, 2021 and judgement was reserved. The applicant is a self-actor. The applicant wrote a follow up letter dated 22 February, 2022 on when judgement could be expected to be delivered. Messrs Wintertons legal practitioners per Mr Wilssmer had also written on behalf of the third and fourth respondents enquiring on the reserved judgement by letter dated 14 February, 2022. Messrs Mark Stonier legal practitioner on behalf of the sixth respondent and through the hand of Mr Mark Stonier himself wrote a follow up dated 26 April 2022. More
