The plaintiff issued out summons claiming $54 280.00 for services rendered in terms of a contract between the parties and interest at the prescribed rate from the date of summons to the date of payment in full. More
An owner of property may recover it from whoever possess it without his consent (BadelaNdlovu vSpiwe Posi HH 475/15). The actio rei vindicatio is an action brought by an owner of the property to recover it from any person who retains possession of it without his consent (Tendai Savanhu vHwange Colliery Company, SC 8/15). The principle that an owner cannot be deprived of his property against his will means that he is entitled to recover it from any person who retains possession of it without his consent (Silberbeg and Schoeman: Law of Property, 3 ed, p 273). More
The applicant Milrite (Private) Limited is a company dully incorporated in terms of the laws of Zimbabwe carrying on business as a farming concern under the style of StilfonteinEstates. It is the former owner of a certain piece of farmland called Stilfontein of Umzila situate in the district of Chipinge commonly known as Stilfontein. More
The applicant is the former owner of Stilfontein of Umzila of Chipinge. Its farm was acquired by the State, but it did not vacate the farm as provided by s 3 (2) of the-Gazetted Land (Consequential Privisions) Act [Cap 20:28], hereinafter called “theAct”. It was prosecuted, convicted and sentenced for contravening s 3 (3), of the Act by a Magistrate sitting at Chipinge Magistrate’s court. The magistrate evicted the applicant from Stilfontein in terms of s 3 (5) of the Act. It vacated the farm, in spite of its having applied for and obtained from KUDYA J, an order directing... More
The background to this matter is spelt out in the judgment of MUSAKWAJ in Chiriga Estates and 2 others v Minister of Lands and Rural Resettlement & 9 Others HH 34/10 (HC 665/10), hereinafter refereed to as “the first application”. The current application shall be referred to as “the second application”. When the second application was brought before me, the first respondent raised the issue of res judicata, as a preliminary point. The plea was upheld on 19 March, with reasons to follow. It is the reasons for upholding this preliminary point that this judgment addresses. More
The appellant appeared before a magistrate sitting at Kwekwe facing one count of contravening section 15 (1) (c) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), cultivating dagga. He was arrested for cultivating 10 plants of dagga which were 30 cm long. Appellant was convicted on his own plea of guilty and sentenced to 12 months imprisonment of which 6 months were suspended for 5 years on the usual conditions of future good conduct. The appellant had an effective term of 6 months imprisonment. More
This is an application for confirmation of a provisional order issued by this court on 10 November 2011. The interim relief that was granted on that date was that:
1. The respondent shall forthwith cease any improvements on the property known as stand number 927 Forbes Road, Uplands Waterfalls Harare, and shall remove from the property, all his movable goods and effects.
2. Costs shall follow the cause.
The relief that the applicants now seek is confirmation of the terms of the final order which reads as follows: More
The background facts are contained in the affidavit of the applicants. All five applicants are erstwhile Workers of Bingaguru Farm in Makoni District, in Manicaland Province. Bingaguru Farm became a subject of land resettlement directly affecting the applicants, their families and livestock. Sometime in 2011 traditional leaders integrated them and allocated them plots of land for resettlement. Respondent then entered into a partnership agreement with Sports Leaders Institute of Zimbabwe wherein the local authority provided land to the organisation on 5 February 2020 and the Sports Institute took occupation and started to put structures at the site. Among other activities... More
This is an application for rescission of a default judgment, upliftment of bar and condonation for late filing of heads of argument, filed on 17 August 2015.
The background to this matter is common cause. The applicant was employed by the respondent as a Purchasing Clerk. He was dismissed from employment in March 2015 following disciplinary proceedings in which he was found guilty of misconduct, in terms of the respondent’s Code of Conduct. The charges involved were “Sub-standard performance of work and Theft/Fraud/Dishonesty”.
On 14 April 2014 the applicant filed an application for review with this court.He sought to set... More
The first – third appellants filed their joint appeal under case No. B 429/21. The fourth appellant separately filed his appeal under case No. B 494/21. The bail applications were set down for hearing on the same date. The appellants are all co-accused in the case for which bail was refused by the magistrate and is now subject of this appeal. By agreement of counsel, the applications B 429/21 and B 494/21 were consolidated for purposes of hearing and judgment. This explains why the fourth appellant has been cited as such. More
This application is aimed at the restoration of applicant’s peaceful and undisturbed possession and occupation of KOODOO 10 gold …..claim and for a prohibitory order, barring the first to ninth respondents and their agents from interfering with applicant’s peaceful and undisturbed mining activities at KOODOO 10 gold ….claim in Chitiyo Village MakahaMudzi District following the grant of an order by MANYANGADZE J on 8 August 2023. More
This is an appeal against an arbitral award granted in favour of the respondents at Harare on 11th February 2013.
The brief facts of this matter are that the respondents who are former employees of the appellant were voluntarily retrenched in terms of the respective agreements it entered into with them. Out of the agreements one issue was not met by the appellant. This is with respect to their bonus payments. The parties failed to agree on the interpretation of the paragraph relating to the payment of bonus. The matter was referred to conciliation. Parties failed to agree and the... More
On 23 September 2013 this court issued an order dismissing with costs the application for stay of execution. A request has been made for reasons for the order and I outline the reasons in the following judgment. More
This is a Court Application for a Declaratory Order in terms of section 14 of the High Court Act [Chapter 7:06] as read together with Order 32 r 226 (1) (a) of the High Court of Zimbabwe Rules, 1971. In this application the applicants have to satisfy the court that they are interested parties, that there is a right or obligation which becomes the object of the inquiry, they are not approaching the court for what amounts to a legal opinion upon abstract or academic matters and that consideration of public policy favours issuance of the declaratory. More
