The applicant was charged with the offence of theft. The facts of the case read like a movie. The allegations on which the applicant was placed on remand by the magistrate at Harare on 25 January 2021 were as follows. The narrative starts with one Shadreck Njowa. He is said to have been part of the gang of armed robbers that waylaid a ZB Bank cash in transit vehicle along Harare Chinhoyi road on 6 January 2021 at the 60 kilometre peg. The cash in transit vehicle was carrying a crew of bank representatives and security guards in addition to... More
On 19 May 2016 we dismissed the appellant’s appeal with costs. The appellant requested for reasons for judgment as early as 19 May 2016 but the request was not brought to our attention until 20 March 2017, this explains the delay. The reasons for our dismissal of the appeal are hereby furnished. More
The applicant’s claim is for a provisional order seeking repossession of, equipment and motor vehicles valued at US$1 558 068, 53 and US$96 000.00 respectively. Its cause of action is based on breach of contract on account of the first respondent’s failure to pay the purchase price for the property sold in terms of the agreement of sale. More
: The applicant is a limited liability foreign company incorporated in terms of the laws of Hong Kong whose address of service is No. 7 Livingstone Avenue, Milton Park Harare. Sometime in January 2010 it allegedly concluded an Equipment Sales Contract coupled with a Short Term Loan/Financing scheme with the first respondent. More
MABHIKWA J: The applicantand 6others attended interviews in a recruitment process conducted from September 2017 to May 2018. This was for the post of Assistant Director of Health Services (Environmental Health). Both the applicant and the 2nd respondent were already employed by the 1st respondent at the time in different capacities. At the end of the whole process, the 2nd respondent was appointed or elevated to the post of substantive Assistant Director of Health Services with effect from May 2018. More
Applicant and respondent are husband and wife. They were married to each other at Bulawayo on 30th July 2016 in terms of the Marriage Act (Chapter 5:11). The parties are going through an acrimonious divorce. At the centre of the dispute is the distribution of the immovable and movable assets of the matrimonial estate. The parties are living in separation. Applicant has approached this court on an urgent basis seeking an order for spoliation. The gist of the application is that he was in peaceful and undisturbed possession of a Toyota Hilux GD 6, double cab, white in colour, registration... More
This is an application for the review of proceedings conducted by the second respondent sitting at Gutu magistrates’ court on 22 January 2014. The application is made in terms of s 27 of the High Court Act [Chapter7:06]. The application was opposed, however at the hearing there was no appearance for the first respondent, there being a letter on record that the first respondent was to abide by the court’s ruling whilst the Civil Division did not appear on behalf of the second respondent.
The brief history of the matter is as follows: the first respondent was arraigned before a... More
KABASA J: This is an application for bail pending trial. The applicant is facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. It is alleged the applicant with 3 others were hired by one MlamuleliNcube to kill the deceased and NomalangaSibanda as they were an unwelcome competition in a gold buying enterprise. They were paid US$250. On 16th January 2021 at around 1600 hours the applicant and his 3 accomplices followed the deceased and NomalangaSibanda who were on their way fromNcema river and caught up with them at Mzingwane... More
This is an appeal against the judgment of the Labour Court handed down on 21 June 2021 which dismissed the appellant’s appeal against the decision to dismiss him from employment.
At the hearing of the appeal the court heard both the preliminary points raised by MrNkomo for the respondent and the merits of the appeal and reserved judgment. The preliminary points taken are that the appeal made to the court a quo was incompetent and ought to have failed for that reason. In addition, counsel for the respondent submitted that there were reviewable irregularities which vitiated the proceedings in the... More
1. At the conclusion of the hearing of this matter I handed down an ex tempore judgment and dismissed this application. I did so to facilitate the start of applicant’s criminal trial before the Regional Court, because I had noted from the submissions of Mr Tashaya counsel for the applicant that this application was being used to derail or stall the start of the trial. Notwithstanding that none of the parties had asked for written reasons, I decided to furnish them nonetheless. More
This matter was placed before me as an Urgent Chamber Application. I soon directed that the Applicant serve the Respondents and the matter be set down for arguments. That was done. More
This is an appeal against the refusal of bail pending appeal by the magistrate in the court a quo, made in terms of s 121(1)(6) of the Criminal Procedure and Evidence Act (Chapter 9:07). The appeal is opposed by the state on the grounds that the appellant had failed to show that the court a quo committed an irregularity or that it exercised its discretion unreasonably. More
It is improper, inappropriate and wrong for litigants to malign and attack judicial officers without just cause. The right to file process asserting one’s rights does not entitle any person to use abusive language directed at judicial officers and parties to any dispute. An attack on the court and its officials is an assault on the integrity and independence of the judicial system.
The applicant’s legal battles span over a period in excess of ten years. All the judges that have handled applicant’s cases have incurred his wrath and have been accused of one thing or the other. More
The appellant appeared before a Provincial Magistrate at Plumtree on the 7th of August 2020, facing allegations of smuggling in contravention of section 182 (2) of the Customs and Excise Act (Chapter 23:02). The appellant pleaded guilty and was sentenced to 3 years imprisonment with 1 year suspended for 5 years on condition of good behaviour. More
3. The appellant is a registered commercial bank operating in Zimbabwe. The first respondent is a private company registered in accordance with the laws of Zimbabwe. The third to seventh respondents are private individuals who bound themselves as sureties and co-principal debtors in respect of a loan granted to the first respondent. The second respondent is a private limited company duly incorporated in Zimbabwe.
4. The appellant issued summons against the respondents on 13 March 2017 for the payment of US$ 368 706.62 being capital and US$ 20 654.10 being interest on the sum of US$ 368 706.62 at the... More
