On 8 September 2017 I granted interim relief in favour of the present applicants interdicting the respondents from acting on the purported termination of applicant’s license through a letter signed by second respondent on first respondent’s letterhead. More
The dispute between the parties centred on a property described as Stand 238 Phase 1 Checheche (“the property”). It is one of those council-owned township properties that local authorities sell on a rent-to-buy basis. It is under the Chipinge Rural District Council. In the court a quo the respondent (“Chengetai”) sued the appellant (“Mbozvi”) for eviction and holding over damages. The court granted the orders. Mbozvi appealed. We heard argument on 27 March 2019 and reserved judgment. This now is the appeal judgment. More
This is an application for condonation for late noting of an appeal.
The brief facts are that judgment against the applicant was granted by the Harare Magistrate’s Court on 13 March 2012. Applicant filed this application on 20 June 2012 after realizing that she needed to be condoned before lodging the appeal. More
This matter came up as an appeal from a judgment of the Magistrates Court sitting at Masvingo on 2 March, 2018. In the court a quo the now respondent applied for and obtained an order of eviction against the now appellant. The background of the matter is as follows:-
The respondent is the owner of 18 Msasa Road, Westonlee, Mashava which was built to house its employees. The said house was allocated to Juma Phiri then an employee of respondent. It was tied to his employment it being understood that the said house remained the property of respondent and applicant... More
The appellant was dismissed from the respondent’s employ following disciplinary proceedings. The initial hearing acquitted her of wrong doing. The employer was aggrieved by the outcome. It appeared internally and the appeal was successful. This led to her being convicted. She was penalized with dismissal. She was aggrieved by that outcome and appeals to this court on the following grounds.
“1. The finding that appellant used a voucher which did not indicate how payment was done, arrival and departure times, what room was booked into was wrong.
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2. The finding by the appeals committee was wrong in that it... More
This is an appeal against an arbitral award.
The respondent, in his claim before the arbitrator wanted a determination on whether or not he was owed arrear salaries, and if so, the quantum thereof and the appropriate remedy.
The appellant denied having ever employed the respondent, whose relationship with it was said to be of an independent contractor. More
This is an appeal against the decision of an Arbitrator who found that the Respondents were dismissed in a manner which contravened the provisions of Section 12(B)(3) of the Labour Act [Cap 28:01]. More
This is an application for the registration of an Arbitral award granted in favour of the Applicant against the Respondent for the ejectment of the Respondent from certain premises and payment of several amounts of money by an Arbitrator. This application was filed with this Division of the High Court on 12 August 2022. The application is opposed. More
This is an appeal against the whole judgment of the High Court, Bulawayo, handed down on 23 December 2021, granting a spoliatory relief in favour of the respondents. More
The plaintiff and the defendant were married to each other on 21 July 1989, in terms of the then Marriage Act [Cap 37, ] now [Cap 5 .11]. Their marriage was blessed with three children. Their first two children have attained the age of majority though the younger one is studying for a degree at Fort Hare University where the plaintiff is employed as an I.T.C manager. The eldest child has already obtained a degree, and is staying with the plaintiff looking for employment in South Africa. The parties’ youngest child Farai born on 17 June 1998, is the only... More
This is an application for bail pending trial. Applicant is being charged with two counts of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. In count one it being alleged that on the 7 January 2022, applicant in the company of unknown accomplices who are still at large proceeded to complainant’s home armed with machete and knobkerries. They broke the front door to gain entry into the house. While inside they manhandled the complainant and force marched him into his son’s bedroom where they ordered him to lie down at the same... More
This is a bail application in terms of section 50 (1) (d) of the Constitution of Zimbabwe Amend No. 20 as read with section 117 of the Criminal Procedure and Evidence Act.
Allegations are that applicant murdered the deceased by kicking him on the head with booted feet repeatedly. Applicant is jointly charged with 5 others who were all granted bail with the consent of the respondent. During submissions, it emerged that the only reason why the respondent is differentiating applicant’s case is that the applicant was seen by at least two witnesses kicking the deceased on the head. While... More
This is an opposed application in which the applicants seek the following relief:-
“The decision of the 2nd respondent to grant a permit to the 3rd respondent for the construction of a race course be and is hereby set aside.
The fence that has been erected around the 500 hectares of grazing land used by the applicants to be removed within 48 hours of the granting of this order.
The 2nd respondent to bear the costs of the application.” More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Bulawayo, dated 21 April 2022, in terms of which the court a quo granted the application by the respondent for the variation of clause 2 (e) (i) of the parties’ consent paper and para 4 of the divorce order granted by the court a quo on 27 March 2014 under HC 125/14, providing for the post-divorce maintenance of the parties’ two minor children. More
This is an appeal against the refusal of the Magistrates’ Court to release the applicants on bail pending trial. The appellants are charged with the crime of public violence as defined in s 36 of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on 1 April 2023 the appellants were drinking beer at a bar, a fight started, empty bottles and chairs were thrown around and windows were broken. The appellants were denied bail after a substantive application. They now appeal this decision by virtue of the provisos of s 121 of the Criminal Procedure... More
