The appellant issued summons out of the Magistrates Court in which she sought the eviction of the respondent from a subdivision of No. 9 Vickers Road, Belvedere, a property which she allegedly bought from one Shingirai Fabion Nhowe on 30 October 2017, and for which she held title deeds after having paid the purchase price. She also sought payment of rental arrears in the sum of US $ 3 000.00 for the period December 2018 to February 2019. Holding over damages at the rate of 35RTGS Bond per day from date of service of summons up to date of vacation... More
On 6 December 2002, the plaintiff was driving her motor vehicle, Peugeot 405, with the registration number 698-058 H at the intersection of Samora Machel Avenue and Maiden Drive in Harare. The motor vehicle was involved in an accident with the first defendant’s vehicle a Toyota Land Cruiser, registration number 799-714. The accident was caused solely through the negligence of the first defendant who accepted liability for the accident in full and without reservation.
The plaintiff’s motor vehicle was extensively damaged in the accident. One garage quoted the plaintiff the sum of $7 million to repair the accident damage. The... More
This is an appeal against the respondent’s decision to dismiss the appellant.
The appellant was employed by the respondent as the credit control manager. On the 12th of April 2012 appellant was suspended for allegedly contravening the Zimpapers Code of Conduct and Grievance Procedure. The formal charge served on the appellant read as follows;-
“... In line with section 10.3 of the Zimpapers company Code of Conduct you are formally charged with the following:-
C(XVII) which reads, ‘Negligent loss damage or misuse of group property as read with More
this is an urgent chamber application for a spoliation order in which applicants are seeking the following relief:-
1. That respondents be ordered to restore applicants’ possession of the 16 tonnes of scrap metal that they removed from applicants’ possession at Costas Business Centre in Zvishavane on 1 September.
2. Second respondent pays applicants’ costs of suit on the legal practitioner and client scale.
The facts of the matter as can be gleaned from first applicant’s founding affidavit to which second applicant associated himself with are that,
1. The two applicants are into scrap metal buying and selling business.
2.... More
The applicants and the first and or second respondents are embroiled in an ownership dispute over land called the Remainder of Lot 12 of Tynwald, Harare held under deed of transfer No 4209/86. There have been and still remain various litigations between the parties concerning the aforesaid piece of land. More
The respondent was employed by the appellant in 2006 as an accountant reporting to the General Manager in terms of his job description dated 10 December 2008. Sometime in 2011 the appellant embarked on a restructuring exercise which introduced a new management system called HALA. The implementation of the HALA system of administration had the effect of promoting the Finance Manager over the respondent and generally reorganising the management structures much to the chagrin of the respondent. He protested that the HALA system of management breached his original contract of employment in that it subordinated him to the Finance Manager... More
On the 25th of July 2013 I granted a chamber application made pursuant to Section 19 (a) of the Labour Court Rules. Counsel for the Respondent requested for the reasons for the granting of the application. These are the reasons.
The Respondent being the Appellant in the main matter filed an appeal with this Court on the 23rd of August 2012. A Notice of Response was duly filed with the Registrar on the 5th of October 2012. On the 27th of February 2013 the Applicant filed this Chamber application for the dismissal of the appeal in terms of Rule 19... More
The applicant instituted eviction proceedings in the Kadoma Magistrates court against the respondents from a property called Stand 197 Kadoma Township, Kadoma. The claim for eviction was dismissed by the court a quo. The date of judgment is in dispute between the parties. The applicant which appear attached a copy of the handwritten judgment to its founding affidavit. There are two dates which appear at the end of the judgment. The dates are 19 December, 2018 which is handwritten with the magistrate’s signature on the side. Below the date and signature, there is franked thereon the official court stamp of... More
The applicant has through the Registrar requested for written reasons for dismissing his application for bail pending appeal. I dismissed his application on 26 September 2018. In my brief reasons for dismissing the application I endorsed as follows on the result slip:
“Reasonable prospects of success on appeal on grant of condonation of late noting of appeal –
(1) Fact that leave to appeal out of time granted does not translate to a finding that bail pending appeal be granted automatically and application dismissed.
(2) If full judgment is required applicant may request for same through registrar More
The applicant approached this Court seeking an order of rescission of judgment in terms of rule 27 of the new High court rules that was granted by this court on default for failure to plead to the notice to plead served on him. This court after perusing and hearing both parties it gave ex-temporae judgment whereupon the application was dismissed. The applicant a self-actor has since noted an appeal to the Supreme Court and has now asked for written reasons for dismissal. More
This is an application made in terms of Order 28 r191 of the High Court of Zimbabwe Rules,1971 for leave to administer interrogatories in a matter in which the plaintiff, a senior legal practitioner and a partner at the law firm of Gill, Godlonton & Gerrans in Harare, has sued the first defendant, a detective inspector in the Zimbabwe Republic Police(‘ZRP’) the second defendant, a detective chief inspector in the ZRP, the third defendant who is the Commissioner General of the ZRP, the fourth defendant, who is the Attorney General of this country and the Co - Ministers of Home... More
On 2 November 2009, the applicant was arrested by the 1st respondent on allegations of contravening section 184(1)(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations were that he had obstructing the course of justice by attempted to interfere with the Attorney General of Zimbabwe in the discharge of his duties. On 3 November, 2009, the applicant filed an urgent chamber application in case No. HC 5369/09 seeking in the interim, his release from police custody. In the final relief, he sought a declarator that his arrest and detention were unlawful. The application was, on my... More
This is an application brought in terms of Rule 67 (1) of the High Court Rules, 2021 for an order that respondent contributes towards applicant’s legal costs. The applicant contends that she has no financial means to pay for her legal costs in a pending divorce under case number HC 1037/20. The application is opposed. Respondent argues that applicant has adequate income to fund her legal expenses, and in any event the amount being claimed by applicant is exaggerated. Respondent contends that the application is an abuse of court process and borne out of malice and vindictiveness. More
1. This is an appeal against the whole judgment of the court a quo in which it granted the first respondent’s claim for a cancellation of a deed of transfer No. 4370/2015 dated 22 August 2018 which had been made in favour of the appellant. After hearing submissions, by both counsels, the court delivered an extempore judgment dismissing the appeal with costs. A request has been made for a copy of the handed down judgment. It is set out hereunder. More
