On 11 February 2021 the applicant approached this court through the urgent chamber book. The respondent was duly served with the application and set down date for hearing on 12 February 2021. In compliance with the practice direction, the applicant filed the application inclusive of heads of argument, in conformity with the directive. The matter was determined on papers in chambers. The respondent was properly served but did not file any response opposing or conceding the application. I thus proceeded to entertain the unopposed application and granted the provisional order with an indication that reasons would be availed. More
This is an application for the reinstatement of a matter onto the roll. It is opposed.
It appears common cause that there are various matters connected to the present matter. This presentation was deemed abandoned after the applicant failed to comply with Rule 46 of the rules of this Court. More
Appellant was Headmaster of Borrowdale Primary School having taken over in November 2009, He was charged with several counts of a misconduct and the Disciplinary Authority deemed it fit to impose a penalty of dismissal. The Disciplinary Committee had however recommended that he be fined USD200.00 to be deducted in two instalments and further that he be warned and cautioned. He is dissatisfied with both the conviction and penalty and seeks redress in this Court. More
This is an application for quantification of damages. This is pursuant to a court order that:
“The respondent be and is hereby ordered to reinstate the appellant to his post with no loss of salary and benefits with effect from date of dismissal. In the event that reinstatement is no longer possible, the respondent be and is hereby ordered to award the appellant appropriate damages as agreed between the parties. Should parties fail to agree, either party may approach this court for quantification.” More
The applicant is former owner of Ivordale Farm (“the farm”). It is 1059.167 hectares in extent. It is situated in the district of Goromonzi under Mashonaland East Province. More
This is an urgent chamber application in terms of which the applicant seeks the following relief as set out in the provisional order:-
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That it be and is hereby declared that the letter of Mr A Tsimba in his capacity as Acting Provincial Resettlement Officer – Mashonaland East Province drawn on the 10 May, 2017 for the Ministry of Lands and Resettlement providing an eviction / vacate date and cessation of possession, occupation, use... More
In this application, the applicant seeks the following relief as set out in the provisional order:
“TERMS OF FINAL ORDER SOUGHT
1. That it be and is hereby declared that second respondent’s dispossession of certain land and buildings in respect of applicant’s offer letter for a certain piece of land described as Subdivision 2 of Ivordale in the Goromonzi district of Mashonaland East Province measuring approximately 449.792 ha in extent dated 16 July, 2014 (hereinafter called “the property”) which physical dispossession took place on or about the 5th December, 2016 and on subsequent days thereafter is and was unlawful on... More
This matter is an application for the registration of a Labour Court judgment in terms of section 92B(3) of the Labour Court Act [Chapter 28:01]. That court in LC/H/2020 awarded the applicant the sum of US$177 408 on the 25th of September 2020. The applicant now seeks registration of that judgment which sounds in money. In opposing the application, the respondent makes the following averments. The judgment is unenforceable and cannot be registered. It is in conflict with the law or it is contra bonos mores. The judgment purports to revive a matter that has prescribed. It orders payment of... More
On 12 February 2015 the plaintiff who was driving a private car was stopped at a roadblock along High Glen Road, Harare by the third defendant who is a police officer under the employ of the first and second defendants. More
This is an application made in terms of s 14 of the High Court Act [Chapter 7:06] wherein the applicant is seeking an order declaring him the lawful holder of an offer letter and accordingly entitled to occupy a certain farm (“the farm”)otherwise known as Subdivision B of Kashao, and an eviction of Winray Estates (Pvt) Limited from the said farm and any other person claiming occupation through them. More
The applicant seeks the rescission of a judgment granted on 11 November 2015 under case number HC 9831/15 in favour of the 1st respondent and with the consent of the 2nd respondent. He further seeks to be joined in terms of r 87 of the High Court Rules to the proceedings in case number HC 9831/15 in the event that rescission is granted. More
This is an application for review of the disciplinary proceedings undertaken by the Respondent at three levels of Respondent Disciplinary Structure as provided in the relevant Code of Conduct, being Delta Beverages Employment Code of Conduct (2003). The Applicant in his prayer seeks for an order to be granted in the following terms;
“1. Applicant’s application for review is granted
2. The Applicant is reinstated (without loss of wages and benefits)
3. The misconduct proceedings instituted in the 1st, 2nd and 3rd Hearing against the Applicant together with preference of charges, determination and penalty be and is hereby set aside... More
The plaintiff claims against the defendant payment of a sum of US$83 500 together with interest thereon at the prescribed rate, and transfer into his name of a Land Rover Discovery Motor Vehicle with registration number AAQ 0841 together with all expenses connected with such transfer. More
The brief facts of the case are as follows. The applicant was arraigned before the magistrate court for trial before the first respondent. The allegations being that the applicant was found in possession of a live pangolin, a specially protected animal without a permit in contravention of s 45 (i) (b) as read with s 128 (i) (b) of the Parks and Wildlife Act. [Chapter 20:14]. The applicant pleaded not guilty and trial commenced. Three witness gave evidence on behalf of the state. The state thereafter closed its case and the applicant in terms of section 198 (3) of The... More
On 17 July 2009 Honourable J.T Mawire, the arbitrator, granted an arbitral award of $103 208.35 to the plaintiff. The award enjoined the defendant to pay the stated sum to the plaintiff as the latter’s arrear commission. More
