MUSITHU J: This application for review was filed in terms of s 27 of the High Court Act [Chapter 7:06]. The applicant seeks the setting aside of the decision of the second respondent which directed the third respondent to advertise and conduct a sale in execution of the applicant’s cotton wool processing plant (the plant) and the subsequent sale in execution held on 29 December 2023. The applicant averred that the procedure leading to the sale of its plant was grossly irregular as it was done in contravention of the provisions of the Magistrates Court (Civil) Rules, 2018 (the rules). More
This is an appeal against an arbitral award handed down on 2 December 2013, in terms of which the appellant was ordered to pay the respondent an amount of US$25 580,00 as damages for loss of employment, back pay and service pay.
The respondent was employed by the appellant as credit analyst. He had risen through the ranks from Accounts Clerk, Department Manager, to Credit Analyst. His contract of employment was terminated after disciplinary proceedings in which he was charged with misconduct, the charge being that of absenting himself from work without leave. More
[1] The respondent issued summons out of the High Court seeking an order for the release of its plastic bags which were being retained by the appellant, payment of the sum of US$157 350.05 representing the business it lost as a result of such retention and costs of suit on the scale of legal practitioner and client. The respondent also sought payment of interest from the date of issue of summons to the date of payment in full. More
This is an application for leave to appeal to the Supreme Court against the judgment of the Labour Court which declined jurisdiction to entertain an application brought before it by the applicant. The applicant had sought damages for discrimination in terms of s 5 (4) as read with s 89 (2) of the Labour Act [Chapter 28:01].
The Labour Court found that it could not be engaged as a court of first instance in a claim for damages made in terms of s 5 (4) as such a claim should be brought first to a Labour Officer for conciliation and... More
The applicant, Mega Market (Private) Limited, is based in Mutare and is a registered commercial company which specialises in the business of buying and selling various goods, groceries being eminent. Given the economic situation in Zimbabwe the applicant has joined other competitors in outsourcing groceries outside the boundaries of Zimbabwe. In such a cutthroat operating environment applicant’s drawback became the slippery green back for it to be able to pay the suppliers abroad. Invariably where the uncertainty of the economic hang up is experienced disputes arise and more [particularly where the source of the foreign currency is a commercial bank. More
MUZOFA J: The plaintiff’s claim is for damages in the sum of $35 442.00 for loss of goods and $140-00 for costs incurred in the recovery of goods. The plaintiff is in the business of distribution of fast moving goods. It transports such goods by trucks which are predominantly hired from other companies. According to plaintiff it entered into an oral agreement with the first defendant through the fourth defendant its employee for the provision of trucks. In terms of the agreement the first defendant was to transport 1 260 boxes of cooking oil from plaintiff’s warehouse in Mutare to... More
The plaintiff, a company with limited liability and carrying on business in Harare, was desirous of procuring two luxury vehicles. It sourced these vehicles from a supplier in London, England, going by the trade name of Stenham Global Services Limited. It obtained proforma invoices for the two purchases. On the invoices, the buyer was indicated as ZIMOCO LIMITED and the plaintiff as the consignee. It is common cause that armed with the invoices, the plaintiff approached the defendant with a request that it arranges for the payment due in terms of each invoice. More
The plaintiff issued summons against the defendant claiming payment of a sum of US$46 333-35 together with interest thereon at the prescribed rate from 1 September 2008 to the date of payment in full, and costs of suit. More
The applicants entered into a lease finance facility with the respondents. They fell into arrears in terms of the lease agreement. On 10 September 2014, the respondents obtained a default judgment against the applicants for the payment of $88 225.14 together with interest at the rate of 25% per annum. In terms of the order, specified equipment was also declared executable. In October 2014, which was after the default judgment had been obtained, the applicants made a payment of US$50 000.00 and subsequently made another payment on 3 and 4 March 2015 totalling US$38 000.00. They therefore argue that save... More
On 18 January 2018, applicant filed with this Honourable Court, an application for contempt of court against the three respondents. The applicant implored this Honourable court to declare that 1st, 2nd, and 3rd respondents are in contempt of its order as a result of their perceived “deliberate refusal” to comply with an order of this court under cover of case number HC 1814/12 per HonourableKAMOCHA J.
In effect, the applicant complains that the respondents have actually disobeyed two (2) orders of this Honourable Court, both by HonourableJUSTICE KAMOCHA. It is pertinent to highlight the operative parts of the two judgments... More
The applicant was formerly employed by Fidelity Printers and Refiners as Head of Gold Operations from 1989-2022. He claims to have left employment with a with a good track record and solid relations with the former employer. The respondent is a foreign based media institution which conducts its operations via various media platforms. The respondent provides a satellite television service in Zimbabwe through a company called Multichoice under its DSTV platform channel 406. The applicant claims that between 23 March 2023 to 14 April 2023, the respondent released a documentary series titled ‘Gold Mafia’ with four extensive and intrinsically related... More
The appellants were convicted in the Magistrates court sitting at Masvingo of seven counts of stock theft. Although upon arraignment they denied each of those seven counts, the court a quo found in the wake of the ensuing trial that they had acted in common purpose on seven separate occasions to steal a total of fifty-three head of cattle and convicted them accordingly. Consequent upon such conviction, they were each sentenced to 9 years’ imprisonment in respect of each of the seven counts. Thirty of the cumulative sixty-three years’ imprisonment were suspended for 5 years on the usual conditions. Aggrieved... More
KABASA J: The appellants appeared before the court a quoon initial remand on 16th January 2021. They are jointly charged with two counts, viz assault and robbery as defined in sections 89 (1) (a) and 120 (1) (a) of the Criminal Law (Codification & Reform) Act, Chapter9:23.
The allegations are that the two appellants went to the first complainant, one SiambaleMuzamba’s homestead on 26 July 2019 armed with logs, axes and knives. Felix Dube who was with the appellants but is on the run, held the complainant before striking him with a fist on the forehead. He proceeded to produce... More
