The applicant seeks an order in the following terms:
“1. The decision of the first respondent dismissing the applicant’s application for
discharge at the close of the State case under case number CRB 9311/19 be and is
hereby set aside.
2. The applicant be and is hereby discharged and acquitted at the close of State case under CRB 9311/19.
3. Each party to bear its own costs.” More
The facts of this case are not in dispute. Following suspicion that some employees including appellant defrauded respondent through false travel and subsistence claims, investigations were made. The appellant together with other employees involved in the fraudulent activities were charged for violating paragraphs 13 e and 24 of the first schedule of the Civil Service Regulations, 2000 as amended. He was found liable and dismissed from employment with effect from 16 April 2015. More
The applicant was dismissed from the respondent’s employ on 8th December 2020. He appealed internally. His appeal failed and he was advised of this on 18th December 2020.On 30th December 2020 he filed a notice of appeal with this Court. He however did not serve the respondent with such notice. This means that the respondent was not aware of the intended appeal . There is no proof of service on record. The said appeal was deemed abandoned for failure to file a certificate of service. It is not known as to when the abandonment occurred. It is against this background... More
This is an application for the review of the second respondent’s decision to award custody of a minor child to the first respondent. The basic facts were to the effect that the applicant and the first respondent were married in terms of customary law. Their union was blessed with a minor child born on the 18 April 2007. The marriage was dissolved on 24 August 2009 in terms of customary law More
Appellants were employed by Respondent in April 2011 as guards. Their contracts of employment were termination with effect from 30th June 2012. On 30th July 2012 Appellants approached the NEC appealing against unlawful dismissal/termination of contracts. The Grievance and Disciplinary Committee held that Respondent did not follow proper termination procedures and ordered their reinstatement without loss of salary and benefits with effect from date of unlawful termination. More
The plaintiff herein claims damages in the sum of US$50,000 representing the market value of a house that the defendant had sold to the plaintiff as well as a third party. The defendant pleads that the agreement relied upon by the plaintiff is not legally enforceable. More
The applicant is a 26 year old who is unemployed and hails from Chitungwiza where 3 cases of robbery occurred on 30 September 2013 and 1 October 2013. The last 2 were committed using a motor vehicle which had been stolen in the first count. More
On 27 May 2020 plaintiff issued summons against defendants seeking relief, which appears ex facie the summons as follows:
a) A compelling order for the transfer of rights for the transfer of rights, interest and title of a certain piece of land called stand number 410, Lot 2A,Bluffhill Township, Harare measuring about 1000m2 held under Deed of Transfer number 0003088/98 from the 1st and 2nd Defendant into Plaintiff’s name with the 3rd Defendant being authorized to sign all necessary documents on behalf of the 1st and 2nd Defendant in the event of failure or default to sign, thereafter the 4th... More
MUSITHU J: This referral judgment is rendered pursuant to the provisions of s 175(4) of the Constitution as read with r 24 of the Constitutional Court rules, 2016 and r 108 of the of the High Court rules, 2021. The composite judgment is concerned with both Case 1 and Case 2, which arose from the same cause of action and circumstances. The constitutional
issue that arises for determination in both cases is the constitutionality of s 70 of the Police Act [Chapter 11:10] (the Police Act), which states that:
“70 Limitations of actions
Any civil proceedings instituted against the State... More
Applicant seeks a declaratur and an order of specific performance as against 1st and 2nd respondents in respect of certain shares held by the two in a family company called Wintersgrace (Private) Limited. The relief sought is amply set out in the draft order as follows:
“IT IS ORDERED THAT:
1. The application is hereby granted with costs on the scale of legal practitioner and client.
2. It is declared that applicant duly and lawfully exercised his right of first refusal in respect of the shares held by respondents in Wintersgrace (Private) Limited on the terms of the agreement signed... More
The parties in this matter had been married for a considerable period of time until they started living apart in 2001. At the pre-trial conference stage they agreed that the marriage relationship had irretrievably broken down. More
On 2 September 2014 and 18 December, 2014, the appellant approached the third respondent and expressed an interest to buy an infill piece of land near Cecil Kopje in order to build a house for his son. More
The plaintiff issued summons against the defendant for the following relief:
(a) an order directing that the defendant pay to the plaintiff a pension in terms of the pensions contract signed between the plaintiff and the defendant alternatively in terms of the group pension agreement entered into between the defendant and the plaintiff’s former employer More
