Plaintiff sued defendant by way of summons for the following relief;
a) An order evicting defendant and all those claiming occupation through him from plaintiff’s premises known as number 20 Saint Stephens Road, Meyrick Park, Harare.
b) Holding over damages in the sum of $500.00 per month with effect from 1 November 2011 to date of vacation on eviction and
c) Costs of suit on a legal practitioner-client scale. More
The respondent opposed the application and raised some points in limine. Firstly, it was submitted that the application is invalid since the form used does not exist. The applicant argues that since the application was to be served on interested parties Form 23 should have been used as required by r 60 (1) of the High Court Rules 2021. More
This is an appeal against the whole judgment of the Special Court for Income Tax Appeals, in which the court upheld the Commissioner General’s determination that Non Resident Tax on fees (“NRTF”) imposed by s 30 of the Income Tax Act [Chapter 23: 06] (“the Act”) as read with the 17th Schedule of the Act is applicable to intra-company payments pertaining to fees paid by a local branch to its head office for services rendered by the head office to the branch. More
The applicants are facing a charge of murder it being alleged that on 17 March 2012 and at Ashley Compound in Shamva they assaulted the deceased, Luxmore Chivambo using baton sticks, booted feet and clenched fists. They allegedly later took him, along with other individuals they had arrested, to Shamva Police Station where they continued the assault before detaining the deceased whose condition later deteriorated and he died on 18 March 2012 at Shamva District Hospital. They are also accused of violating s 89 (1) (a) of the Criminal Law Code [Cap 9:23]. More
This is an application for rescission of the judgment granted in default of the applicant in case number HC 2898/06. The background to this application is that on 22 October 2002 the parties entered into a lease agreement in terms of which the respondent leased to applicant property known as Unit 3 of Stand 4491 Lisburn Road, Harare. On 22 May 2006, the respondent issued summons claiming (a) the payment of $67 428 009.94, being the sum due to the respondent as arrear rentals plus interest, (b) holding over damages, (c) cancellation of the lease agreement and (d) ejectment from... More
This is an appeal against the whole judgment of the High Court handed down at Bulawayo in which it granted an interim interdict in favour of the first respondent. More
On 12th August 2016, the applicant and 1st respondent signed a joint venture agreement (JVA) which entailed the operation of a safari business by the applicant within the 1st respondent’s Doddieburn-Manyole Ranch. This joint venture would see the applicant, inter alia, marketing wildlife for purposes of safari hunting and keeping accurate books of accounts in relation to the hunts. The 1st respondent as the land authority had the responsibility of signing the TR2 forms after each hunt. The profits realized from the venture were to be shared in accordance with the terms of the JVA. More
This is an appeal against the decision of the Appeals Committee to uphold the decision of the Disciplinary Committee dismissing appellant from employment. Appellant, who was employed by the respondent was charged and convicted of various acts of misconduct. She was subsequently dismissed from employment. She appealed against the dismissal but was not successful before the Appeals Committee. She then appealed to this court. More
The two grounds of appeal upon which this appeal is based are that:-
- The Honourable Arbitrator misdirected himself which misdirection amounts to a point of law in his analysis of the facts thereby dismissing Appellant’s claim for Marker-in 1 grade 5 when Appellant was employed by Respondent as such
- The Honourable Arbitrator erred on a point of law in his analysis of the facts by dismissing the Appellant’s claim of the contra preferentem rule which is a trite principle of our law. More
The plaintiff company is the former owner of Mount Shannon Estates commonly known as Mount Lothian Estates measuring 572.67 hectares in extent situate in the district of Goromonzi. The plaintiff’s representative, Mr Christopher Geoffrey Tracy is a respectable grand old man of 83 years of age. He is the Chairman of Plaintiff Company and former occupier of the farm in dispute He has held positions of honour in various corporate bodies during his hay days. He is the former director of the Agricultural Marketing Authority, the former chairman of T S L and Zimbank. More
The chronology of events leading to the filing of an exception is as follows;
The plaintiff issued summons against the defendant on 29 December 2020. The summons and declaration were served on the defendant on 3 March 2021. The defendant entered an appearance to defend on 12 March 2021. On 29 March 2021 the defendant filed and served on the plaintiff a request for further particulars. Plaintiff’s further particulars were supplied on 30 March 2021. Thereafter the parties started to exchange correspondence with the defendant expressing the inadequacy of the supplied further particulars and the plaintiff taking a different view.... More
This is an appeal against the entire judgment of the High Court, sitting at Harare, handed down on 8 May 2019, in which the following order was granted:
1. The appointment of the 2nd and 3rd respondents as Deputy Presidents of the Movement for Democratic Change party were unconstitutional therefore null and void.
2. The appointments of the 2nd respondent as Acting President, and President of the Movement for Democratic Change party were unconstitutional and therefore null and void.
3. All appointments and/or reassignments and actions of the 2nd respondent in his purported capacities as Deputy/Acting or incumbent President were... More
The right to vote lies at the centre of every constitutional democracy. Such a right falls under political rights which a citizen is entitled to enjoy and same are constitutionally protected, and in the Zimbabwean case, under Section 67 of the Constitution of Zimbabwe Amendment (No 20) Act 2013 (hereinafter referred to as the “Constitution”). More
The applicant approached the court through the urgent chamber book seeking a provisional order to interdict the Commissioner General Zimbabwe Republic Police and those acting under his instruction or command from conducting supervised postal ballot voting of any police officer. In the main the applicant sought a declaratur that the conduct of postal ballot voting of police officers of Zimbabwe Republic Police Ross Camp Bulawayo held on 12 July 2018 be declared null and void as it violated the constitution and applicable law. Further the applicant sought that the first respondent, Zimbabwe Electoral Commission (hereafter called ZEC) immediately organise, conduct... More
