On 2 November 2009, the applicant was arrested by the 1st respondent on allegations of contravening section 184(1)(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations were that he had obstructing the course of justice by attempted to interfere with the Attorney General of Zimbabwe in the discharge of his duties. On 3 November, 2009, the applicant filed an urgent chamber application in case No. HC 5369/09 seeking in the interim, his release from police custody. In the final relief, he sought a declarator that his arrest and detention were unlawful. The application was, on my... More
This is an application brought in terms of Rule 67 (1) of the High Court Rules, 2021 for an order that respondent contributes towards applicant’s legal costs. The applicant contends that she has no financial means to pay for her legal costs in a pending divorce under case number HC 1037/20. The application is opposed. Respondent argues that applicant has adequate income to fund her legal expenses, and in any event the amount being claimed by applicant is exaggerated. Respondent contends that the application is an abuse of court process and borne out of malice and vindictiveness. More
1. This is an appeal against the whole judgment of the court a quo in which it granted the first respondent’s claim for a cancellation of a deed of transfer No. 4370/2015 dated 22 August 2018 which had been made in favour of the appellant. After hearing submissions, by both counsels, the court delivered an extempore judgment dismissing the appeal with costs. A request has been made for a copy of the handed down judgment. It is set out hereunder. More
On 24 March 2015 the applicants and the respondents entered into an agreement of sale of a residential property called Stand Number 2537 of Zisalisali Lot 4, measuring 2000 square metres, held under Deed of Transfer Number 5126/2009 at a price of US$ 32 500,00. More
The plaintiff and defendant were married in terms of the Marriages Act [Cap 5:11] on 23 April 1994.
Their marriage was blessed with 3 children of whom two are now majors. These two were born before the solemnization of the marriage on 22 April 1994. The 3rd child was born on 29 June 1994 and is thus a minor. More
Plaintiffs are husband and wife. On 3 December 2014, 3rd defendant desirous to implement its noble objective of land reform offered a certain piece of land known as Subdivision 22 Insindi, Gwanda by virture of an offer letter to the plaintiffs. The latter, oblivious of the legal minefield they were soon to traverse happily accepted the offer letter. The said piece of land is part of a farm occupied by 1st and 2nd defendants. Sometime in October 2015 the plaintiffs attempted to take occupation of the allocated piece of land with the assistance of 3rd defendant but faced resistance from... More
This is an appeal against the entire judgment of the High Court handed down on 7 December 2020, in which the court a quo dismissed the appellant’s application for an interim interdict against the respondent. More
Seven days after the declaration on 3 August 2013 of the results of the Presidential election (hereinafter referred to as “the election”) held on 31 July 2013, showing Robert Gabriel Mugabe (hereinafter referred to as “the first respondent”) as the winner of the election, Morgan Tsvangirai (hereinafter referred to as “the petitioner”), who was one of the candidates contesting the election, lodged with the Constitutional Court (hereinafter referred to as “the Court”) a petition challenging the validity of the election under s 93(1) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (hereinafter referred to as “the Constitution”). More
This is an application for an anti-dissipation interdict in which the applicant wants the respondents prohibited from disposing of certain immovable properties pending the finalisation of the applicant’s pending summons claim under HC 2397/23. More
I heard this application on 7 December, 2021. I delivered an ex tempore judgement in which I dismissed the same with costs.
The High Court registrar addressed a letter to me. He did so on 2 March, 2021. He requested reasons for my decision. He advised that the applicant intends to appeal my decision. These are they:-
The applicant applied for a stand at the Remainder of Carrick Creagh of s 4 of Borrowdale Estate, Carrick Creagh Township, Harare. He filed his application through Sally Mugabe Housing Co-operative (“Sally”) on 27 March, 2007. He was/is a member of Sally. More
This is an appeal that was filed on 2 December 2013. The background of the matter as given by the Appellants in their heads of argument in that the Appellants were employed by the Respondent in different capacities on different dates within its establishment. More
On 28th March 2014 this Court dismissed an appeal by Applicants having upheld points in limine raised by the Respondent. Applicants allege they were employed by Respondent on different dates. On 15th April 2010 Respondent entered into a franchise agreement in terms of which Applicants were temporarily transferred to Upridge Investments (Pvt) Ltd. Respondent disputed employing all the Applicants. On 30th September 2012 Arbitrator Lucas confirmed that the franchise agreement had been cancelled on 21st March 2012. Applicants alleged that their contracts of employment were terminated through a letter dated 28th January 2013. Respondent on the other hand alleged that... More
This is an application for the following declaratur in terms of s 14 of the High Court Rules Act [Chapter 7:06]
1. That the franchise agreement be and is hereby declared to have been terminated by notice given by the respondent on 31 March 2012. More
This is an application for a declaratur in terms of s 14 of the High Court Act. The background facts are that the applicant was employed by the respondent, Mashonaland Tobacco Company (“MTC”) under a fixed term contract from 2006, as a messenger in the stores and procurement department. It is the applicant’s contention that in 2009 his salary was reduced without his consent and knowledge. He also states that in 2015 his contract was changed from a fixed term contract to a seasonal contract. It is from this that the applicant’s grievance stems. In essence, the applicant’s complaint is... More
In this application the applicant seeks a declaratur nullifying the appointment of second to tenth respondents as provincial governors on the grounds that such appointments are ultra vires and or in contravention of the Constitution of Zimbabwe. The applicant also seeks such consequential declarations as may become necessary in the event that this court nullifies the appointments. More
