This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court sitting in Bulawayo, on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him were briefly as follows: that on the 18 March 2021 he unlawfully had sexually intercourse with complaint without her consent. After a protracted trial he was convicted and sentenced to 10 years imprisonment. More
In this case, we quashed the conviction and sentence on account of the poor state of the record of proceedings. I now proceed to give the full reasons.
The appellant was convicted of culpable homicide arising from a driving incident which occurred on 30 October 2015. This happened along Robert Mugabe Way, Harare. As he drove a commuter omnibus along the inner lane, and having crossed Chinhoyi Street, the appellant struck a pedestrian who was crossing the road. The pedestrian struck the windscreen before falling on the edge of the road on the right side. The pedestrian was taken to... More
There was only one applicant before me.
Despite the citation of Shireem Ismail as the second applicant, it was common cause that she was not before me. The application was filed on 23 August 2018. Shireem Ismail died on 10 November 2016 at Rusape. May her soul rest in eternal peace.
After hearing argument on 3 September 2018 I dismissed the application with costs.
These are my reasons.
This is an urgent chamber application for stay of eviction pending determination of an application for rescission of default judgment. More
This is an appeal against the judgment of the Magistrate Court for the Province of Mashonaland sitting at Harare handed down on 18 January, 2022.
On 18 December 2020, appellant issued out summons against the respondents seeking payment of USD1100.00, or the Zimbabwe dollar equivalent thereof, for outstanding fees, plus USD700, or the Zimbabwe dollar equivalent thereof, being one term’s fees in lieu of a notice of withdrawal from the school and interest at the prescribed rate together with costs on a higher scale. On 19 May 2021 respondents entered a plea coupled with a counter claim. The matter was... More
The applicant approached the court through the urgent chamber book seeking for an interdict pendente lite. The order sought seeks to restrain the respondents in particular fourth respondent from evicting and or disrupting the applicant’s farming activities at subdivision 11 of Chipinge West Annex pending the finalisation of proceedings under case number HC 52/18. More
This is an appeal against the whole judgment of the High Court declaring the agreement of sale between the appellant and the respondents valid and binding on the basis that the appellant had the requisite mental capacity to contract and granting the consequential relief of eviction of the appellant. More
This is an appeal against the judgment of the High Court (the court a quo) delivered at Harare on 15 January 2020 under judgment number HH 26/20. At the conclusion of argument on 21 July 2020 the court issued the following order with reasons to follow:
“IT IS ORDERED THAT:
1) The appeal succeeds to the extent that the relief granted by the court a quo is set aside and substituted with the following:
(a) Judgment is granted in the sum equivalent to US$58 500 in RTGS calculated at the prevailing interbank rate.
(b) Interest on the said amount in... More
This is an appeal against a judgment of the Magistrates Court which was seized with determining the appropriate award between the parties, of the immovable property stand number 4078 Manyame Park, Chitungwiza after the dissolution of the tacit universal partnership between them. More
On 12 July 2018 after considering written and oral submissions by both counsel, I gave an extempore judgment dismissing the application for bail pending trial. More
The background to the dispute is decipherable from the applicant’s founding affidavit. It is as follows. The second respondent herein instituted action proceedings against the applicant under HC 11725/16 in terms of which the second respondent, as the plaintiff therein claimed against the applicant, as defendant in those proceedings, the sum of US$58 500 being the balance due in respect of some 1 500 army rucksack bags manufactured and delivered to the applicant herein at the applicant’s instance. The second respondent also claimed interest on the said amount plus costs of suits on a legal practitioner and client scale. At... More
The applicant has approached this court seeking a declaratur to the effect that she be paid what is owed to her by her former employer, the respondent, in United States Dollars. She also seeks that the court declares her employers’ conduct of seeking to pay her dues in Zimbabwean dollars unlawful. The application is opposed.
The facts of this matter are clearly straight forward and are not in contention. The applicant herein was formerly employed by the respondent on a contract basis as the Executive Director. Upon the termination of her employment contract she sought payment of her salary arrears... More
The applicant was employed by the respondent as an operations manager. Sometime in April 2021, the applicant was arraigned before a disciplinary committee over allegations of misconduct particularly that he had contravened Section 4 of the National Employment Code of Conduct which is; for any act, conduct or omission inconsistent with the fulfillment of the express or implied conditions of the employee’s contract of employment after having demanded books of accounts from one Mellisa Chikara and Sharon Jackson. The applicant was found guilty and subsequently dismissed from employment in May 2021. The applicant then appealed to the Labour Court and... More
This is an appeal against a decision made by a Designated Agent(DA).
The following are the grounds of appeal:
1. The arbitrator erred at law in convicting the appellant for fraud when circumstances showed that there was no intention to defraud respondent.
2. The arbitrator erred at law in imposing the maximum penalty of dismissal at first conviction without giving any reasons. The decision was arbitrary and ought to be set aside.
3. The arbitrator did not put into consideration the confirmation letter of employment flouting
the labor practice law on appellant’s part as evidence of an employee of Agri-Fresh... More
The three cases above listed were placed before me on automatic review. On 12 March 2021 I issued a directive that the records be transcribed because I had difficulties in reading the handwriting of the learned provincial magistrate T. Chifamba, Esquire. The learned provincial magistrate dealt with all the three cases at Bindura Magistrates Court on guilty plea procedure. All the three cases suffer from the same procedural defect in the proceedings. The learned provincial magistrate did not comply with the peremptory provisions of s 271 (3) of the Criminal Procedure & Evidence Act, [Chapter 9:07]. More
The Applicant is a former employee of the Respondent. He was employed as a Senior Auditor for the period of June 2008 to October 2018. The Respondent is a Public Office created in terms of the Audit Office Act, [Cap 22:18] and Section 309 of the Constitution.
It is charged with the primary oversight/assurance role by ensuring accountability within the three arms of government. The application placed before the court has been styled as an application for an order compelling the Respondent to comply with S 51(1) Public Service Regulations 1 of 2000. The Applicant has not outlined under which... More
