On 5 August 2014 one Gert Willem Van Der Linde (“Gert”) and his wife, Martha Elizabeth Van Der Linden (“Martha”), entered into a contract with the first respondent (“the respondent”), a charitable and not-for-profit trust, which is set up in accordance with the laws of Zimbabwe. The contract entitled Gert and Martha the right to occupy the respondent’s cottage number 28 which is at Athol Evans Complex, along Chiremba Road, in Cranborne area, Harare. More
On 03 February 2025 this court dismissed with costs an appeal that had been filed by the appellant employer in a labour dispute pitting the employer and the employee. The court indicated that full reasons for the order could be availed on request. The employer has made a request for such reasons. More
The application was filed in terms of section 4 of the Administrative Justice Act (Chapter 10:28). The 1st respondent is an administrative authority with powers exercised in terms of the Mines and Minerals Act (Chapter 21:05.).The order sought by the applicant is in the following terms:
“It is ordered that
1. 1st respondent’s letter dated 25 April 2019 and its directions therein, be and is hereby revoked, for failure to comply with proper Administrative Justice.
2. There be no order as to costs.”
It will be noted that the application did not seek any substantive relief against the respondents, save... More
The applicant (Mkwanda Taya) filed this present application for a declaratur seeking a relief in the following terms:-
“ 1. The transfer of Stand No. 3114 Gushungo Street, Ruwafrom the Applicant’s names to the 1st Respondent’s names and eventually into the 2nd Respondents’ names is declared unlawful and wrongful. More
1. This is a court application for condonation for the late filing of an application for review. The applicant seeks an order couched in the following terms:
i. That the application for condonation be and is hereby granted.
ii. That applicant is granted leave to file its application for review within ten (10) days from the granting of this order.
iii. Costs of suit to be paid by the party who opposed this application on a legal practitioner and client scale. More
This is a matter where plaintiff had issued summons against the defendant. The defendant defended the proceedings and filed a counter claim to the plaintiff’s claim.
In the counter-claim the defendant claims the following:
“(a) that the plaintiff be ejected from Calcite Southern Mine, Inyathi Matabeleland North.
(b) The plaintiff pays costs of suit.”
The basis of the defendant’s counter-claim is that plaintiffs’ mining claim was cancelled but that plaintiff continues to occupy Calcite South Mine and continues to mine without a valid permit yet defendant acquired the mining claims known as Calcite 22 to 28 on the 7th of... More
1. This is an application for bail pending trial. Applicants are charged with five counts. Count 1 is robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 27 February 2022, at around 0115 hours the applicants and others who are not part of this application hatched a plan to rob complainant. They went to the complainant’s shop armed with machetes, axes and sjamboks, thereat they broke shop windows to gain entry whilst inside they assaulted the complainant with sjamboks and threatened to kill him with the machetes... More
This is an application for bail pending appeal. The brief background to the application has to be put into perspective. The applicant was arraigned before a Provincial Magistrate facing an offence of contravening s 45 (1) (b) of the Parks and Wildlife Act [Chapter 20:14] as read with s 128 of the said Act and further read with s 2 of the Parks and Wildlife (specially protected) regulations SI 72/2020. In that the applicant was in unlawful and intentional possession of Pangolin Scales weighing 1700 grams without a permit. The applicant pleaded guilty to the offence and was consequently found... More
The applicant in this matter is an association comprised by the tenants of various properties owned by the 13th respondent, Mnondo Properties (Pvt) Ltd (the Landlord). The 1st to the 11th respondents are partners within the firm of legal practitioners (the Firm) representing the respondents herein. The 12th respondent is the Rent Board (the Board). More
The plaintiff, a duly incorporated engineering company which is involved in inter alia the manufacture of fuel tanks, instituted summons action against the defendant, a bus company, for damages arising out of a motor vehicle accident which occurred on 8 November 2009 at the intersection of Mharapara and Seke Roads in Chitungwiza. More
The applicant seeks a declaratory order to the effect that she is the sole occupier of rural homestead in Nyamakosi village, Mutoko. Additionally, she seeks consequential relief to the effect that any visit by the first to the fifth respondents at the applicant’s rural homestead in Nyamakosi Village Mutoko without her permission in writing is unlawful. More
This is an application for review of a decision by respondent’s Appeals Committee dismissing the applicant’s appeal.
The background to this case is as follows. Applicant was employed by the respondent as an Assistant Executive Finance. She was suspected of having committed certain offences in contravention of the respondent’s Code of Conduct. She was duly suspended and she appeared before a disciplinary committee which found her liable and dismissed her. The applicant thereafter filed an appeal with this court against the determination of the disciplinary committee. The appeal was dismissed on the basis that the applicant as a requirement should... More
One Jessie Chiremba (hereinafter interchangeably referred to as “the deceased or the testator”) died in 2013.There is a Will in the deceased’s name lodged with the Master’s office. The plaintiff who is the daughter and only surviving child of the deceased approached this court challenging the Will executed by the deceased on the ground of forgery. The deceased bequeathed her house being House No 6991B, Western Triangle, Highfields, Harare (“the house”) to the first defendant disinheriting the plaintiff who is her only surviving child. The Will further provides that, the house is to be inherited by the second and third... More
The plaintiffs in this case claim the sums of US$26,528.72 and ZAR43,534.80 as damages for breach of a contract of carriage entered into with the defendant in June 2001. The plaintiffs’ claim is founded on the common law of carriage and, alternatively, on the negligent performance of the contract. The defendant disputes liability on both grounds. More
The applicant was arraigned before the senior regional magistrate, Eastern Division, charged with contravening s 66 (1) (b) (i) of the Criminal Law (Codification and Reform) Act [Cap 9:23], that is sodomy. The allegations were that on 6 January 2009 and at number 6334, Unit J, Seke, Chitungwiza, he unlawfully and intentionally inserted his erect penis into Nongerai Zinhuka’s anus without his consent. He was convicted despite his plea of not guilty and sentenced to ten years imprisonment of which four years imprisonment was suspended for five years on the usual conditions of good behaviour. More
