The plaintiff instituted divorce proceedings against the defendant, whom she married on 3 May 2002 in terms of the Marriages Act [Chapter 37] now [Chapter 5:11]. More
The applicant pleaded guilty to and was found guilty of smuggling 150 boxes of pacific cigarettes from Zimbabwe to South Africa. He was sentenced to undergo 3 years imprisonment of which 12 months imprisonment was suspended for 5 years on the customary conditions of future good behaviour. He was to serve an effective sentence of 2 years imprisonment. More
In this matter applicant filed an urgent chamber application for stay of execution pending determination of applicant’s application for rescission of a default judgment which the first respondent obtained against the applicant in HC 6085/21. First respondent opposed the application.
The relevant background is that first respondent sued applicant under HC 6085/21 for an ejectment from No 17 Ridgeway North, Colne Valley, Harare which matter applicant defended as a self-actor. HC 6085/21 was set down for a hearing on 2 June 2022 before MANGOTA J. On 2 June 2022 first respondent represented by Mr V Mhungu obtained a default judgment... More
This is an application for rescission of a default judgment made in terms of r 27 of the High Court Rules 2021. The background is that on 3 November 2021, the first respondent instituted eviction proceedings under case number HC 6085/21 to eject the applicant from a property known as No. 17 Ridgeway North, Colne valley Harare (“the property”). The application was opposed and the matter was eventually set down for hearing on 2 June 2022 before MANGOTA J. Despite being served with papers, the applicant did not appear on the date of hearing, and the learned judge granted a... More
The plaintiff herein approached this court seeking to be declared the legitimate purchaser and holder of the rights, interest and title in Stand No. 7971 Belvedere West, Harare, and an eviction order as against the first defendant and all those claiming occupation through him together with costs. More
Appellant was employed as a Truck driver by J and J transport. On 21 January, 2012, he was instructed to leave the depot at 6:00a.m to proceed with a copper convoy from Harare to Forbes. The Appellant then left the depot with his loaded truck and proceeded to Chitungwiza. Another driver who was supposed to form the convoy with him then rang the Operations manager, Mr Chipenzi and told him that he was alone at the depot and could not see the Appellant, whom he was supposed to form a convoy with. Other arrangements had to be made for that... More
This is an application for rescission of an order made in default by this Court against the applicant.The background is that sometime in 2015, the applicant was charged and dismissed from respondent’s employ for conduct inconsistent with the fulfillment of conditions of his contract and for disobedience of a lawful order. The applicant lost an internal appeal and referred the dispute to a Labour officer and subsequently to an arbitrator. The arbitrator set aside the decision to dismiss the applicant and ordered reinstatement. The respondent was aggrieved and lodged an appeal to the Labour Court under case number LC/H/1946/15. More
This is an application for bail on the basis of changed circumstances. The applicant is standing trial in the Regional Magistrates Court on one count of armed robbery and one count of illegal possession of a firearm in contravention of s 4(1) as read with s 4 (2) (b) of the Firearms Act [Cap 10:09]. More
On 14 December 2012 the applicant filed an application in this court seeking to obtain the order framed as follows:-
“It is ordered that:
1. Garnishee be and is hereby ordered to release all monies it holds in Commercial Bank of Zimbabwe CBZ Account Number 20051570077 or is owing to the judgment debtor; to the Deputy Sheriff Harare, until the writ of execution in case number HC 11077/12 is satisfied; and in any other accounts they may hold; on behalf of the debtor.
2. The judgment debtor shall pay costs of suit.” More
]This is an application for leave to appeal against a judgment of this Court to the Supreme Court. It is opposed.
[2]The facts of this matter are that one Joyline Teverashe, a subordinate ( the subordinate/complainant) of the applicant raised allegations of sexual harassment against him. The respondent set up a team to investigate t More
Plaintiff sued defendant by way of summons for the following relief;
a) An order evicting defendant and all those claiming occupation through him from plaintiff’s premises known as number 20 Saint Stephens Road, Meyrick Park, Harare.
b) Holding over damages in the sum of $500.00 per month with effect from 1 November 2011 to date of vacation on eviction and
c) Costs of suit on a legal practitioner-client scale. More
The respondent opposed the application and raised some points in limine. Firstly, it was submitted that the application is invalid since the form used does not exist. The applicant argues that since the application was to be served on interested parties Form 23 should have been used as required by r 60 (1) of the High Court Rules 2021. More
This is an appeal against the whole judgment of the Special Court for Income Tax Appeals, in which the court upheld the Commissioner General’s determination that Non Resident Tax on fees (“NRTF”) imposed by s 30 of the Income Tax Act [Chapter 23: 06] (“the Act”) as read with the 17th Schedule of the Act is applicable to intra-company payments pertaining to fees paid by a local branch to its head office for services rendered by the head office to the branch. More
The applicants are facing a charge of murder it being alleged that on 17 March 2012 and at Ashley Compound in Shamva they assaulted the deceased, Luxmore Chivambo using baton sticks, booted feet and clenched fists. They allegedly later took him, along with other individuals they had arrested, to Shamva Police Station where they continued the assault before detaining the deceased whose condition later deteriorated and he died on 18 March 2012 at Shamva District Hospital. They are also accused of violating s 89 (1) (a) of the Criminal Law Code [Cap 9:23]. More
