This is an application for rescission of the judgment granted in default of the applicant in case number HC 2898/06. The background to this application is that on 22 October 2002 the parties entered into a lease agreement in terms of which the respondent leased to applicant property known as Unit 3 of Stand 4491 Lisburn Road, Harare. On 22 May 2006, the respondent issued summons claiming (a) the payment of $67 428 009.94, being the sum due to the respondent as arrear rentals plus interest, (b) holding over damages, (c) cancellation of the lease agreement and (d) ejectment from... More
This is an appeal against the whole judgment of the High Court handed down at Bulawayo in which it granted an interim interdict in favour of the first respondent. More
On 12th August 2016, the applicant and 1st respondent signed a joint venture agreement (JVA) which entailed the operation of a safari business by the applicant within the 1st respondent’s Doddieburn-Manyole Ranch. This joint venture would see the applicant, inter alia, marketing wildlife for purposes of safari hunting and keeping accurate books of accounts in relation to the hunts. The 1st respondent as the land authority had the responsibility of signing the TR2 forms after each hunt. The profits realized from the venture were to be shared in accordance with the terms of the JVA. More
This is an appeal against the decision of the Appeals Committee to uphold the decision of the Disciplinary Committee dismissing appellant from employment. Appellant, who was employed by the respondent was charged and convicted of various acts of misconduct. She was subsequently dismissed from employment. She appealed against the dismissal but was not successful before the Appeals Committee. She then appealed to this court. More
The two grounds of appeal upon which this appeal is based are that:-
- The Honourable Arbitrator misdirected himself which misdirection amounts to a point of law in his analysis of the facts thereby dismissing Appellant’s claim for Marker-in 1 grade 5 when Appellant was employed by Respondent as such
- The Honourable Arbitrator erred on a point of law in his analysis of the facts by dismissing the Appellant’s claim of the contra preferentem rule which is a trite principle of our law. More
The plaintiff company is the former owner of Mount Shannon Estates commonly known as Mount Lothian Estates measuring 572.67 hectares in extent situate in the district of Goromonzi. The plaintiff’s representative, Mr Christopher Geoffrey Tracy is a respectable grand old man of 83 years of age. He is the Chairman of Plaintiff Company and former occupier of the farm in dispute He has held positions of honour in various corporate bodies during his hay days. He is the former director of the Agricultural Marketing Authority, the former chairman of T S L and Zimbank. More
The chronology of events leading to the filing of an exception is as follows;
The plaintiff issued summons against the defendant on 29 December 2020. The summons and declaration were served on the defendant on 3 March 2021. The defendant entered an appearance to defend on 12 March 2021. On 29 March 2021 the defendant filed and served on the plaintiff a request for further particulars. Plaintiff’s further particulars were supplied on 30 March 2021. Thereafter the parties started to exchange correspondence with the defendant expressing the inadequacy of the supplied further particulars and the plaintiff taking a different view.... More
This is an appeal against the entire judgment of the High Court, sitting at Harare, handed down on 8 May 2019, in which the following order was granted:
1. The appointment of the 2nd and 3rd respondents as Deputy Presidents of the Movement for Democratic Change party were unconstitutional therefore null and void.
2. The appointments of the 2nd respondent as Acting President, and President of the Movement for Democratic Change party were unconstitutional and therefore null and void.
3. All appointments and/or reassignments and actions of the 2nd respondent in his purported capacities as Deputy/Acting or incumbent President were... More
The right to vote lies at the centre of every constitutional democracy. Such a right falls under political rights which a citizen is entitled to enjoy and same are constitutionally protected, and in the Zimbabwean case, under Section 67 of the Constitution of Zimbabwe Amendment (No 20) Act 2013 (hereinafter referred to as the “Constitution”). More
The applicant approached the court through the urgent chamber book seeking a provisional order to interdict the Commissioner General Zimbabwe Republic Police and those acting under his instruction or command from conducting supervised postal ballot voting of any police officer. In the main the applicant sought a declaratur that the conduct of postal ballot voting of police officers of Zimbabwe Republic Police Ross Camp Bulawayo held on 12 July 2018 be declared null and void as it violated the constitution and applicable law. Further the applicant sought that the first respondent, Zimbabwe Electoral Commission (hereafter called ZEC) immediately organise, conduct... More
The first applicant the Movement for Democratic Change is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant Mr Morgan Tsvangirai is its president. He was the first applicant’s presidential candidate in the just ended harmonized elections held on 29 March 2008. He will be referred to as the second applicant. More
In August 2004, at the summit of the Southern Africa Development Community held in Mauritius, certain principles and guidelines governing democratic elections for the member countries were adopted. These shall be referred to in this judgment as “the SADC Principles and Guidelines”. The first respondent, acting on behalf of the Republic of Zimbabwe approved of the guidelines and gave Zimbabwe’s assent thereto. More
This matter was placed before me through the chamber book as an urgent application on March 10, 2008. Applicant seeks the following provisional order against the respondent:
“Pending confirmation or discharge of this provisional Order;
1.The respondent be and is forthwith hereby interdicted and restrained from using the applicant’s name and materials and posters resembling the applicant’s materials and posters in his campaign for the House of Assembly seat of Mabvuku-Tafara.
2. The respondent be and is hereby ordered to forthwith remove the posters he plastered in and around the Constituency, failing which the applicant’s structures in Mabvuku-Tafara Constituency be... More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
‘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. It be and is hereby declared that the monies due under the Political Parties Finance Act belong to the applicant, MDC Alliance led by Nelson Chamisa.
2. 1st and 2nd respondents be and are hereby ordered to pay all moneys due to the MDC Alliance led by Nelson Chamisa in terms of the Political Parties Finance Act through its... More
This is an appeal against the decision of the High Court dismissing with costs an application made by the appellants seeking an order declaring the appointment of certain ministers of government to be unconstitutional and, in the alternative, an order directing the first and second respondents to act in accordance with the provisions of the Constitution. More
