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
This was a criminal appeal from the magistrates’ court. It was against both conviction and sentence. The appellant was convicted of theft of trust funds as defined in s 113[2][d] of the Criminal Law [Codification and Reform] Act, Cap 9:23 [“the Code”]. The amount involved was $2 500. He was sentenced to a fine of $400, or in default thereof, three months’ imprisonment. He was also sentenced to an additional twelve months imprisonment of which six months’ imprisonment was suspended for five years on the usual condition of good behaviour. The remaining six months imprisonment was suspended on condition that... More
The applicant purports to make an application for bail pending appeal. I use the term purport on account of the procedural incongruity of seeking bail for someone who is not in custody. More
The plaintiff is a female adult. The first, second and third defendants were cited in their official capacities.
On 17 December 2003 the plaintiff sued the defendants seeking payment of:-
1. Z$ 300 000 being damages for pain and suffering and
2. Z$250 000 being damages for contumelia.
The plaintiff alleged that on 2 June 2003 she was part of a group of demonstrators which was marching from Highfields suburb towards the city of Harare. Along the way they were confronted by members of Zimbabwe National Army herein after referred to as ZNA. Commotion ensued and the plaintiff fell down... More
1. This matter was set down on the unopposed motion court and was being postponed to enable plaintiffs’ counsel to file supplementary heads in support of the order sought. The matter was finally heard by me on 16 June 2022. After hearing submissions in support of the order sought by the plaintiffs I reserved judgment. More
This application for a declaratur seeks the following relief:
“IT IS ORDERED THAT
1. The Applicant be and is hereby allowed to join the Public Service Commission and capable of being employed as a teacher if she meets the desired job description.
2. The Respondents’ conduct against the Applicant be held to be unlawful and wrongful.
3. The Respondents to pay costs of suit on a client –attorney scale.” More
On the 24th November 2016, we upheld the appeal in this matter with costs. A request for reasons having been made, these are they,
The appellant in this matter had applied for the following relief in the court a quo.
1. That 1st respondent be interdicted from claiming rentals from the applicant’s tenants in respect of Stand No. 22 and 23, Neshuro Township.
2. That 2nd and 3rd respondents be More
KABASA J: The applicant is the wife to Jeffrey Moses Runzirwayi who died on 16 January 2021. The applicant was appointed executrix to the estate and it is in that capacity that she brought this application seeking the eviction of the 1st respondent and all those claiming title through him from Lot 56 A Umsungwe Gweru. More
The Applicant entered into an agreement of sale for its property called 672 Scanlen Drive Helensvale with the Respondent on the 16th of October 2018. The purchase price of this property was USD 800 000.00 which was to be paid in instalments. The parties agreed that the settlement for the purchase price had to be done by the 3th of August 2019. Respondent however failed to settle the amount by the stipulated timeline and she had only managed to pay the sum of US$ 489 000.00 owing a balance of USD311 000.00. Applicant proceeded to write a letter notifying the... More
