This matter is a civil appeal against the whole judgment of the Magistrate sitting at Harare. Before the trial Magistrate, the plaintiff was the appellant herein. The respondents herein were the defendants.
The plaintiffs sought to evict the defendants from Patric House, Nelson Mandela/Fifth Street Harare. Defendants were given three months on 10 October 2022 to leave the premises. More
Under case number Mutare court CRB 1253/09 the applicant was convicted of the offence of unlawfully possessing 8,61kgs of pieces of diamonds. Pursuant to the applicant’s conviction and sentence the diamonds in question were declared forfeited to the State. More
This is an application for review of and appeal against the decision of the Designated Authority dated 17 July 2013. Applicant who had been employed by respondent was charged with theft. He appeared before a disciplinary authority and was found guilty. A penalty of dismissal was meted on him. Applicant then appealed to the Designated Authority who dismissed his appeal. Aggrieved, applicant then made the present application on 20 June 2013 More
This is an appeal against the judgment of the High Court which dismissed the appellant’s application for a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06] on the basis that the appellant lacked the requisite locus standi and had no legal right to protect. More
The applicant filed an urgent chamber application seeking the following interim relief:-
“1. That pending the final determination of this case the operation of the writ of execution obtains(sic) by the 1st respondents(sic) in Case No. HC7734/12 shall be suspended.
2. That pending the final determination of this case the applicant shall have peaceful possession of Stand No. 17 Culverwell Road Arcadia, Harare.” More
The applicant filed an urgent chamber application for a provisional order stay of eviction as interim relief and a final order that he should remain in peaceful occupation of immovable property known being stand number 107 of Salisbury Township, also known as number 102 Harare Street, Harare. More
After considering the papers filed of record inclusive of heads of argument and hearing oral evidence from the applicant and the respondents’ counsels, I gave oral reasons for my disposition I indicated that written reasons would be availed in due course on why I effectively dismissed the application with costs on attorney client scale. More
This is an application in terms of Section 92E (3) of the Labour Act [Chapter 28:01] for suspension and stay of execution of an arbitral award in favour of the Respondent. The award was made on the 29 July 2012. Applicant was ordered to pay within twenty one working days a total of USD20 310 to Respondent being outstanding benefits as at date of termination of employment. More
This appeal is against the lower court’s decision in the distribution of matrimonial property following the dissolution of a registered customary law marriage. The parties married in 1989 and had been living separately as husband and wife since 2011. Whilst divorce proceedings commenced in 2015, their matter was finalized in 2021. More
This is an appeal against the granting of a spoliation order in favour of the respondents. The appeal succeeds in that spoliation is about possession and not access. The order having been granted on the basis of the respondents accessing the premises in furtherance of the right to worship as opposed to having been despoiled of possession which was not at all in their hands, the order for spoliation by the court below was improperly granted against the backdrop of the totality of the facts of the matter. More
It is trite that urgent chamber applications should be shown, both on the certificate of urgency and on the applicants’ founding affidavit to be urgent more particularly in that;
a) There is primarily no dispute of facts in the matter and the law relating to the matter is clear and undisputed.
That there is irreparable harm that will be occasioned to the rights of applicant. Indeed the applicant must show that he has a prima facie right that has been or about to be infringed.
c) That should the matter not be treated as urgent the harm to that right... More
On 27 July 2010 and in case number HC 5120/10 the same applicants in this matter filed an urgent chamber application seeking to have execution stayed pending the determination of an application for rescission of judgment issued against them in case number HC 271/10. Counsel representing the applicants had submitted before my brother judge PATEL J that the filing of the urgent chamber application had been preceded by the filing in this same court of an application for rescission of judgment. More
This is an appeal against the decision of the respondent’s Appeals Committee to uphold the decision of the disciplinary authority dismissing appellant from employment.
Appellant was employed by respondent. He was charged and convicted of disorderly or objectionable behaviour, that is to say, abuse of office or position. The allegations were that he deliberately abused his authority and power when he instructed his line gang crew members to illegally construct an MV Line to feed house Number 7358 Manyame Park using company resources without the permission of the Senior Customer Services Officer. Upon conviction, a penalty of dismissal was meted... More
The appellant was formerly employed by the Zimbabwe Republic Police as a police officer. He rose through the ranks and at the time of the dispute in issue he held the rank of Senior Assistant Commissioner. On a date not specified on the papers he was seconded to respondent as its Chief Executive Officer by the Office of the President and Cabinet. It would appear that the parties did not conclude a written contract providing for the second-ment. More
