Second defendant (BH Drury) is a title holder of stand 2427A Umtali Township, also known as No. 17 Aerodrome Road, Mutare, the property measures 1364 square metres.
In 2009 first defendant acting on behalf of second defendant sold the property to the plaintiff and entered into an agreement of sale. The purchase price was US$80 000 and the plaintiff contends that it paid in full in 2009. Plaintiff has been a tenant at the property in question from 1999 and upon payment of the purchase price in 2009 it ceased to pay rentals to first defendants. More
In a popular TV series which has since been turned into an equally successful movie franchise, the actor always receives an electronic message with instructions on his mission. The electronic message self –destructs after five seconds and that is his cue to begin action. Perhaps it is time that litigants get a cue to act especially in matrimonial matters once the decree of divorce and other ancillary relief is granted. This could be in relation to custody and access; registration of maintenance orders at the Magistrate Court for purposes of enforcement ; exchanging movable property; valuation of immovable property as... More
From June the applicant being the transporter parked the trucks loaded with copper at Chirundu Customs area for a period in excess of three months without the 1st respondent’s knowledge and approval. On the 1st of October 2023 the applicant reported a theft of its three trucks and cargo at Chirundu Police Station under CR 02/10/23. The matter is still pending at Karoi Magistrates Court. On the same day the 1st of October, the three mechanical horses were recovered parked in Zambia near the border. They were brought to the Zimbabwean side.
Investigations established that the three horses had illegally... More
This is an appeal filed by the appellant against both conviction and sentence reached and passed by the Magistrate sitting at Mutare on the 8th of January 2020 where the appellant was convicted for a charge of unauthorised borrowing or use of property as defined in s 116 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and was sentenced to 14 months imprisonment of which 5 months imprisonment was suspended for 5 years on the usual conditions, 3 months imprisonment was further suspended on conditions appellant pays a fine of $1000-00 and the remaining 6 months were further... More
One usually expects that once a married couple agrees to end their relationship premised on irretrievable breakdown, then they ought to come to a settlement in respect of some if not all ancillary issues. There appears to have been acrimony that militated against that in the present matter, such that the court has to parcel out mundane items like knives. More
The appellant was employed as a Human Resources Officer by the respondent. The appellant is alleged to have reported for work on 6 April 2012 to check on the whereabouts of newly-recruited employees. He is then alleged to have committed acts of misconduct which culminated in his dismissal. The matter was referred to an arbitrator who confirmed such dismissal. The appellant has appealed to this Court. More
On 21 January 2010 the plaintiff issued summons out of this court seeking to recover $150 000-00 in damages for alleged malicious prosecution initiated against him by the defendant, his erstwhile employer More
This is an urgent chamber application for the stay of execution of an order of this court wherein applicant and others were ordered to pay costs. The applicant is challenging the execution of the court order on various grounds.
1.In that the matter is being irregularly executed as the order for costs was meant for applicant and others to pay costs only if the application was opposed but it was not opposed.
2.That the bill of costs in HC 1519/21 should not have been taxed at an attorney and client scale and that it is therefore invalid.
3.That the order... More
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dismissing an application for the setting aside of an arbitral award and granting an application for registration of that award. At the commencement of proceedings, appellant’s counsel made an application for the amendment of the appellant’s grounds of appeal. We granted the application and indicated that our reasons would be part of the main judgment. More
At the hearing of the appeal against the decision of the High Court, Harare, declaring as invalid, and consequently striking down, the provisions of ss 2(a), 33 and 36 of the Collective Bargaining Agreement for the Communications and Allied Services Industry, Statutory Instrument 1/12, the parties, by consent, requested the Supreme Court to refer for determination certain constitutional questions to this Court in terms of s 175(4) of the Constitution of Zimbabwe. More
This is an appeal against the whole judgment of the High Court handed down in Case No. HC 8150/13 on 14 November 2014.
This matter was first argued on 5 June 2015 in relation to the first ground of appeal, to wit, the procedural point that the court a quo had erred in entertaining a challenge to its jurisdiction by way of an exception as opposed to a special plea. Argument was confined to this procedural point on the basis that a decision on that point in favour of the appellant would dispose of the entire appeal. More
This is an appeal against the whole judgment of the Labour Court. In its judgment the court a quo found that the appellant had discriminated against the respondent by not granting him a 50 percent salary increase following a job evaluation exercise. More
The respondent was formerly employed by the appellant as a diesel electrician at the appellant’s Lochnivar Power Depot in Harare. On 31 March 2016, the respondent, joined 1357 of his fellow employees in a collective job action which had commenced on 29 March 2016. More
This is an appeal against the decision of the High Court (the ‘court a quo’) in which it dismissed an application made by the appellant under HC2938/19 for the setting aside of an arbitral award. It, in the same proceedings, granted an application made under HC2554/19 by the first respondent for the recognition and registration of the same arbitral award. Both applications, heard by the court a quo, related to the same arbitral award that had been granted by the second respondent. More
This is an appeal against the entire judgment of the Administrative Court, handed down on 26 March 2018 allowing an appeal by the respondent against the decision of the appellant, with a punitive award of costs. In essence, the judgment upheld the respondent’s contention that he was entitled to a pension from 1 June 2009, the date following his retirement at the age of fifty-nine years and six months, contrary to the appellant’s contention that the respondent became entitled to the pension with effect from 1 December 2009, upon his attainment of the age sixty. More
