The plaintiff and the defendant were customarily married to each other in 1980. They on 24 October 1989 solemnized their marriage in terms of the Marriage Act then ([Cap 37]now [Cap 5.11]). They were blessed with three children. Two of them are now adults. The youngest Nattle born on 24 February 1997, is the only minor child of the plaintiff and defendant’s marriage. More
By default judgment granted by DUBE J (as she then was) on 2 December 2020 in favour of the first respondent as applicant in case No. HC 5932/20 against the applicant herein with the second and third respondents being the same as in this application, the applicant and her agents were interdicted from carrying out mining activities at a mining claim called Xmas 159 situated at Smithfield Farm. The location of the claim is Mazowe area in Mashonaland Central Province. The learned judge also granted ancillary relief. The applicant filed this application for an order of rescission of the order... More
The applicant Melody Kuziwakwashe Makunura (Melody) has three related matters pending in this court the last of which is HC 931/23 that was placed before me for determination. The other related records are case numbers HC 6395/19 and HC 5728/20. The cases are related as follows:
Case Number HC 6395/19
The first respondent herein as plaintiff therein filed an application for rescission of a default judgement granted by UCHENA J (as he then was) in case number HC 9080/12 against one Rodger Nyasha Makunura and Chitungwiza Municipality as first and second defendants. In terms of that default judgement granted on... More
This application for a spoliation order has been brought on an urgent basis. The facts are that the Applicant MELODY MIDZI is a surviving daughter of the late AMOS MIDZI. AMOS MIDZI during his life time had been offered a land holding under the Land Reform and Resettlement Program (Model A2 PHASE II) by the Minister of Lands, Agriculture and Rural Resettlement at Subdivision 1 of Earling Farm, Beatrice in Mashonaland East Province on the 30th December 2002 for agricultural purposes measuring approximately 347.80 hectares in extent. After AMOS MIDZI’s demise the farm remained in the possession and occupation of... More
This is a hybrid application for a declarator and a mandamus which seeks the determination of the applicable tariff for enforcement purposes of the order obtained on 20 October 2020 under Civil Appeal No. SC 142/20. The issue is whether the court can make an order in terms of s 14 of the High Court Act [Chapter 7:06] to the effect that the applicable tariff to the applicant’s costs is as enunciated by the Law Society in the form of the 2011 USD Tariff and a mandamus compelling the first respondent to allow costs under SC 142/20 to be taxed... More
This is an urgent court application for a declaratur. After hearing and considering the evidence and submissions made by counsel, in an ex-tempore judgment I dismissed the application with costs for lack of merit. In a letter dated 12 February 2024 the applicant has requested for reasons for the judgment. More
This is an appeal against a determination issued by the Disciplinary Authority on the 8th of July 2014 which determination upheld an earlier determination by the Disciplinary Committee to discharge appellant from service with effect from after duty on the 11th of July 2014. The appeal is opposed. More
The appellant was sentenced to 8 years imprisonment with 4 suspended on attached conditions after being convicted of aggravated indecent assault on a minor girl child, in contravention of the main charge, s66(1) (c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] following a contested trial. The alternative charge, of indecent assault as defined in s67(1)(a)(i) of the Act was withdrawn by the State before plea with the concurrence of the trial court which acknowledged unnecessary splitting of charges. More
Despite being served with the application, the second and sixth respondents did not appear for the hearing. The third respondent’s director, Mr S.T. Rusike attended the hearing and indicated that the third respondent was not opposed to the application. So was the fifth respondent who appeared in person. More
This is a chamber application for Contempt of Court Proceedings in terms of r 79(1) of the High Court Rules 2021. Sometime in January 2022, the applicant and the respondent entered into an agreement of sale in terms of which the respondent sold to the applicant rights, title and interest in stand 13993 Kuwadzana Extension Harare for USD 17000.00. Having paid USD 15400.00, the respondent became evasive and refused to take the balance of USD 1600.00. More
This is an appeal against the arbitrator’s decision where he ruled that the employer pays the employee only for the days she reported for duty between July 2023 and January 2024, quantify the wages within 14 working days of his order and make the payment within 30 days of the quantification. More
This matter has its genesis before this court as follows: Memory Manyanga issued summons against the defendants seeking that she be declared the owner of Stand 2193, Tshovani Township, Chiredzi, and further that the cession of that stand into the second defendant’s name, that is Samuel Sarimana, be declared invalid. In the alternative, she had claimed the sum of US$15 474.00 at the prevailing interbank rate as compensation for the improvements she had made to the property. Her matter was struck off the roll due to the fact that a claim of the same nature under case number HC 6094/2019... More
