This is an urgent chamber application in which the applicant seeks an order to the effect that the second and third respondents be stopped from dealing with the estate of the late Shirley Valley Trelc (deceased estate). The applicant seeks this relief pending an application he filed under Case No. HC 3723/20 for the removal of the said respondents from their position as executors of the deceased estate. More
: Plaintiff issued a summons out of this court seeking Declaratory Orders and consequential relief arising therefrom. This matter is related to some immovable property known as: More
The applicant is facing three counts of robbery as defined in s 126 of the Criminal Law Codification and Reform Act [Chapter 9:23] also known as the Criminal Law Code. The Form 242 reflects that the applicant is jointly charged with 5 other accused persons: Accused 1 - John Kamba; Accused 3 - Archford Chaitonga; Accused 4 - Chrispen Marimo; Accused 5 - Peter Kudzanayi; and Accused 6 - Tinashe Tapoma. The applicant is reflected as accused 2. More
Second defendant (BH Drury) is a title holder of stand 2427A Umtali Township, also known as No. 17 Aerodrome Road, Mutare, the property measures 1364 square metres.
In 2009 first defendant acting on behalf of second defendant sold the property to the plaintiff and entered into an agreement of sale. The purchase price was US$80 000 and the plaintiff contends that it paid in full in 2009. Plaintiff has been a tenant at the property in question from 1999 and upon payment of the purchase price in 2009 it ceased to pay rentals to first defendants. More
The third defendant then requested for reasons for the postponement. These were my reasons.
On 23 October 2024 plaintiff’s counsel of record wrote to the Deputy Registrar, Mutare advising of plaintiff’s intention to make an application on the hearing date, 28 October 2024, to have the matter postponed to a later convenient date because Advocate L Uriri was not available. In response to the same letter third defendant’s counsel wrote a letter indicating that third defendant will oppose the application for postponement since such would prolong and delay the resolution of the dispute. More
In a popular TV series which has since been turned into an equally successful movie franchise, the actor always receives an electronic message with instructions on his mission. The electronic message self –destructs after five seconds and that is his cue to begin action. Perhaps it is time that litigants get a cue to act especially in matrimonial matters once the decree of divorce and other ancillary relief is granted. This could be in relation to custody and access; registration of maintenance orders at the Magistrate Court for purposes of enforcement ; exchanging movable property; valuation of immovable property as... More
From June the applicant being the transporter parked the trucks loaded with copper at Chirundu Customs area for a period in excess of three months without the 1st respondent’s knowledge and approval. On the 1st of October 2023 the applicant reported a theft of its three trucks and cargo at Chirundu Police Station under CR 02/10/23. The matter is still pending at Karoi Magistrates Court. On the same day the 1st of October, the three mechanical horses were recovered parked in Zambia near the border. They were brought to the Zimbabwean side.
Investigations established that the three horses had illegally... More
This is an appeal filed by the appellant against both conviction and sentence reached and passed by the Magistrate sitting at Mutare on the 8th of January 2020 where the appellant was convicted for a charge of unauthorised borrowing or use of property as defined in s 116 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and was sentenced to 14 months imprisonment of which 5 months imprisonment was suspended for 5 years on the usual conditions, 3 months imprisonment was further suspended on conditions appellant pays a fine of $1000-00 and the remaining 6 months were further... More
One usually expects that once a married couple agrees to end their relationship premised on irretrievable breakdown, then they ought to come to a settlement in respect of some if not all ancillary issues. There appears to have been acrimony that militated against that in the present matter, such that the court has to parcel out mundane items like knives. More
This matter came as an urgent chamber application. On 23 August 2023 the applicants were arrested for violating section 66 (A) (1) (a) of the Electoral Act [Chapter 2:13] as read with section 189 of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegations were that the applicants were gathering election results intent on announcing same as the official results. At the time of arrest the police confiscated items enumerated on Annexure “A”. More
The appellant was employed as a Human Resources Officer by the respondent. The appellant is alleged to have reported for work on 6 April 2012 to check on the whereabouts of newly-recruited employees. He is then alleged to have committed acts of misconduct which culminated in his dismissal. The matter was referred to an arbitrator who confirmed such dismissal. The appellant has appealed to this Court. More
On 21 January 2010 the plaintiff issued summons out of this court seeking to recover $150 000-00 in damages for alleged malicious prosecution initiated against him by the defendant, his erstwhile employer More
This is an urgent chamber application for the stay of execution of an order of this court wherein applicant and others were ordered to pay costs. The applicant is challenging the execution of the court order on various grounds.
1.In that the matter is being irregularly executed as the order for costs was meant for applicant and others to pay costs only if the application was opposed but it was not opposed.
2.That the bill of costs in HC 1519/21 should not have been taxed at an attorney and client scale and that it is therefore invalid.
3.That the order... More
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dismissing an application for the setting aside of an arbitral award and granting an application for registration of that award. At the commencement of proceedings, appellant’s counsel made an application for the amendment of the appellant’s grounds of appeal. We granted the application and indicated that our reasons would be part of the main judgment. More
At the hearing of the appeal against the decision of the High Court, Harare, declaring as invalid, and consequently striking down, the provisions of ss 2(a), 33 and 36 of the Collective Bargaining Agreement for the Communications and Allied Services Industry, Statutory Instrument 1/12, the parties, by consent, requested the Supreme Court to refer for determination certain constitutional questions to this Court in terms of s 175(4) of the Constitution of Zimbabwe. More
