The appellant approached this court on appeal irked by the dismissal of its application for rescission of judgment in terms of s 39 of the Magistrate Court Act [Chapter 7:10]. More
This is a trial cause which opened before me on 30 March 2023. The plaintiff claims delictual damages in the sum of US$8 173 188.00 against the defendants. The plaintiff’s case is that, for an extended period of time the defendants illegally extracted approximately 88.839 tonnes of saleable alluvial chrome from the plaintiff’s mining claims. The claims are numbers 122 to 127 located in Guruve North Dyke. As a result of the defendants’ mining activities, the plaintiff argues that it suffered loss amounting to $8 173 188.00. It is evident that what the plaintiff claims, is the amount it perceives... More
This is an appeal against the Arbitrator’s award which reinstated the Respondents and ordered the Appellant to restart the termination/ retrenchment exercise.
The background facts are as follows. The Respondents were employed by the Appellant Company (the company). On the 11th day of July 2011 the company sent a memorandum to all the employees informing them that the company was closing down for reasons the employees were aware of. The closing date was given as the 12th July 2011 which was the following day. More
The plaintiff in this matter claims the sum of US$9798.20 as damages for unlawful assault allegedly perpetrated by members of the Zimbabwe Republic Police (ZRP) acting within the course and scope of their employment. The defendants admit that the plaintiff was arrested and detained by members of the ZRP but deny that he was assaulted during his arrest and detention. More
This is an appeal against the whole judgment of the High Court which set aside the agreement of sale between the appellant and the fifth respondent, the compliance certificate issued by the third respondent to the fifth respondent and the transfer of subdivision 40715 Harare Township to the appellant under Deed of Transfer 7167/18. More
The plaintiff and defendant, who are wife and husband respectively, entered into an unregistered customary union in July 1999. They never formalised their customary union but were nonetheless customarily married from that time up until 7 September 2022 when the defendant gave his wife a divorce token (gupuro). More
This is an urgent application in which the applicant seeks the following relief:
“1. Terms of the Final Order sought
That you should show cause to this Honourable court why an order should not be made in the following terms:
(a) That the proposed meeting of 10 March be and is hereby set aside.
(b) Cost of this (sic) to be borne by the first respondent.
2. Interim Relief Granted More
The appellant issued summons out of the Magistrates Court in which she sought the eviction of the respondent from a subdivision of No. 9 Vickers Road, Belvedere, a property which she allegedly bought from one Shingirai Fabion Nhowe on 30 October 2017, and for which she held title deeds after having paid the purchase price. She also sought payment of rental arrears in the sum of US $ 3 000.00 for the period December 2018 to February 2019. Holding over damages at the rate of 35RTGS Bond per day from date of service of summons up to date of vacation... More
On 6 December 2002, the plaintiff was driving her motor vehicle, Peugeot 405, with the registration number 698-058 H at the intersection of Samora Machel Avenue and Maiden Drive in Harare. The motor vehicle was involved in an accident with the first defendant’s vehicle a Toyota Land Cruiser, registration number 799-714. The accident was caused solely through the negligence of the first defendant who accepted liability for the accident in full and without reservation.
The plaintiff’s motor vehicle was extensively damaged in the accident. One garage quoted the plaintiff the sum of $7 million to repair the accident damage. The... More
This is an appeal against the respondent’s decision to dismiss the appellant.
The appellant was employed by the respondent as the credit control manager. On the 12th of April 2012 appellant was suspended for allegedly contravening the Zimpapers Code of Conduct and Grievance Procedure. The formal charge served on the appellant read as follows;-
“... In line with section 10.3 of the Zimpapers company Code of Conduct you are formally charged with the following:-
C(XVII) which reads, ‘Negligent loss damage or misuse of group property as read with More
this is an urgent chamber application for a spoliation order in which applicants are seeking the following relief:-
1. That respondents be ordered to restore applicants’ possession of the 16 tonnes of scrap metal that they removed from applicants’ possession at Costas Business Centre in Zvishavane on 1 September.
2. Second respondent pays applicants’ costs of suit on the legal practitioner and client scale.
The facts of the matter as can be gleaned from first applicant’s founding affidavit to which second applicant associated himself with are that,
1. The two applicants are into scrap metal buying and selling business.
2.... More
The applicants and the first and or second respondents are embroiled in an ownership dispute over land called the Remainder of Lot 12 of Tynwald, Harare held under deed of transfer No 4209/86. There have been and still remain various litigations between the parties concerning the aforesaid piece of land. More
The respondent was employed by the appellant in 2006 as an accountant reporting to the General Manager in terms of his job description dated 10 December 2008. Sometime in 2011 the appellant embarked on a restructuring exercise which introduced a new management system called HALA. The implementation of the HALA system of administration had the effect of promoting the Finance Manager over the respondent and generally reorganising the management structures much to the chagrin of the respondent. He protested that the HALA system of management breached his original contract of employment in that it subordinated him to the Finance Manager... More
