This court is presently in the process of hearing plaintiff’s evidence in this trial. Three witnesses of the defendant have testified and concluded their testimonies, and have been excused as witnesses by this court. At this stage, Advocate Goba, counsel for the plaintiff, informed the court that plaintiff intends to lead evidence from two more witnesses. Before the fourth witness was called in to testify, I was informed that defendants had an application to make. It turned out that it is an application for amendment and defendants now wish to amend their plea by inserting a new defence to the... More
At the close of the case for the plaintiff, the defendants moved an application for absolution from the instance, alleging that for reasons to be adverted below, the plaintiff had failed to make a case requiring the defendants to be placed on their defence. In this case, plaintiff sued out a summons against the 1st and 2nd defendants, praying for the following orders:
a. Eviction of defendants from stand 19260 of stand 14908 Borrowdale, otherwise known as Borrowdale Race Course;
b. Arrears for rent, electricity, water and rates in the sum of US$155 726-33;
c. Holding over damages in the... More
The parties herein got divorced on 2 November 2019, under HC 3050/19. The applicant herein was the plaintiff while respondent herein was the defendant. The parties were agreed to a decree of divorce being granted and they filed a consent paper. Paragraph 2 of the divorce order reads as follows: More
The background to this matter is that sometime in 2006, the first respondent purchased five commercial stands in Nyazura from the second respondent and paid for them in full. Upon commencement of development on the allocated stands, one Mr Mukada indicated to the first respondent that he had been allocated a portion of the same stands, thereby essentially constituting a double sale. Upon enquiry, the second respondent admitted that it had erroneously made a double sale. In a bid to cure the error, the second respondent allocated new stands to the first respondent in 2014. Just as the first respondent... More
This appeal was against the granting of an interdict by the lower court whereby the appellant, Masimba Charity Huni Fuels Private Limited (hereinafter referred to as “the appellant”) was interdicted from occupying or effecting any form of development and constructing at stands numbers 1497, 1498 1499, 1500 and 1501, Nyazura Township, Nyazura. The stands in question had been allocated and sold to the first respondent Nathan Amos Kadurira by the second respondent Makoni Rural District Council (hereinafter referred to as “the Council”) in compensation for land that had been taken from him after reallocation to another party. The appellant was... More
This matter was filed as an urgent chamber application in terms of Rule 241 of the High Court Rules. The applicants were seeking the following urgent relief:
“Pending the confirmation or discharge of the provisional order, the following provisional order is granted:
1. The Presidential Powers (Temporary Measures) (Amendment of Electoral Act) (No 2) Regulations, 2008 SI 43/2008, published in Government Gazette Extra Ordinary on 17 March 2008, shall not be applied in respect of the elections on 29 March 2008.
2. Section 59 and 60 of the Electoral Act [Chapter 2:13] as amended by the Electoral Laws Amendment Act,... More
The appellant was employed as an extension officer under “Agritex” which is a department of the 3rd respondent.
His duties included working with rural communities and involved communications with the various office holders there. During the course of his duties, “inputs” or tools to empower farmers were distributed. The local councillors were responsible for the distribution of these inputs. At the conclusion of one such distribution the local councillor gave appellant a 50 kilogram bag of fertilizer known as “Compound D”. This was a token of appreciation. Investigations into the distribution of the inputs revealed this. He admits this and... More
The appellant was charged with theft of trust property as defined in s 113(2) of the Criminal Law [Codification and Reform] Act, [Cap 9:23], (“the Code”). He was also charged with fraud as defined in s 136 (2) of the Code in the alternative. He pleaded not guilty to both the main and the alternative charge. After a trial, he was found not guilty on the main charge but was convicted on the alternative charge. He was sentenced to five years imprisonment of which one year was suspended on condition of good behaviour and a further two years were suspended... More
The applicant seeks leave of this court to appeal against the judgment of this court dismissing his appeal against both his conviction and sentence by way of a chamber application. That application does not include the proposed grounds of appeal as required by r263 of the High Court Rules, 1971. Further, the application does not state the grounds upon which it is contended that leave to appeal should be granted as is required by the same rule. More
The applicant approached this court seeking a prohibitory interdict in terms of r 60(1) of the High Court Rules, 2021. The court granted the order and the first respondent requested reasons for granting the order More
This is an application for bail pending trial. The application is opposed. The applicant is facing a charge of murder in contravention of section 47 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23)
Factual background
It is alleged by the state that on the 15th February 2020 at around 20:00 hours, the deceased, one Thulani Ndlovu was at his residence at Lovendale, Bulawayo. The applicant had an altercation with one of the deceased’s brothers. The deceased intervened in an effort to restrain the two from fighting. The deceased then left the scene and went back to his... More
This is an application for leave to appeal to the Supreme Court at instance of the applicant employee following this court’s decision to allow the appeal noted by the respondent employer in a labour case pitting it and the applicant.
Basic facts of the matter are that respondent approached the Labour Court on appeal after the applicant had been reinstated to his original position at work after his dismissal by respondent on misconduct allegations in contravention of the Respondent Code of Conduct. More
At the hearing, the appeals were consolidated with the consent of the parties,and heard in the following manner; the appellant in SC 109/21 made submissions as the first appellant, the appellant in SC 15/21 as second appellant, and the appellant in SC 17/21 as the third appellant. The first to third respondents in all the appeals remained as previously cited, with the Registrar of Deeds being the fourth respondent, though there was no appearance on his behalf. Although there were three different appeals attacking the same judgment, I intend to address all the appeals in one composite judgment as the... More
The dispute in casu has its genesis in matters of employment. It behoves me to give a brief chronology of what transpired that resulted in the applicant finding itself in the quagmire in which it now is. The parties were embroiled in a salary review dispute which culminated in an arbitral hearing before arbitrator C Sithole. On 15 December, 2010 the arbitrator made an award in favour of the applicant’s employees, awarding them an across the board increment backdated to September, 2008. The parties were given until 15 February, 2011 to agree on the mode of payment of the arrears... More
This is an application for registration of an arbitral award. The application is opposed on the basis that the Respondent appealed against the award to the Labour Court.
The papers before me show that the appeal in question was dismissed by the Labour Court on 8 July 2011 and there is no appeal pending at the moment. That is not to say it would have made any difference at all to the Respondent’s case because it has not argued that the operation of the arbitral award was suspended by any order of court. In terms of section 92E (2) of... More
