[1] On the17th of March 1997 applicant entered into a lease agreement over property stand number 3608 Mzari Extension, Chinhoyi with the first respondent.
[2] An agreement of sale of the same property was transacted the following year on the 13th of March 1998 after the payment of an agreed deposit. More
This is an appeal against both conviction and sentence imposed upon the appellants by the Magistrates Court at Nyanga. The appellants were convicted of public violence as defined in s 36 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. They were each sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on condition that each one of them does not within that period commit any offence involving violence for which upon conviction he is sentenced to imprisonment without the option of a fine. A further 4 months imprisonment was suspended on... More
On 8 October 2009 the parties appeared before Honourable G Mhuri on appeal wherein the appellant was raising procedural irregularities and substantive issues. More
The applicants herein applied for bail pending trial following their arrest on a charge of contravening section 82 (1) of Statutory Instrument 362/1990 as read with section 128(1) (b) of the Parks and Wildlife Act. The charge criminalises the “unlawful possession of unmarked raw ivory”. The applicants were arrested on 31 March 2021, and appeared at Harare Magistrates Court on 1 April 2021. Because of the nature of the offence which attracts a minimum mandatory sentence of nine years unless special circumstances exist, the applicants were advised to apply for bail at the High Court. The Magistrates Court has no... More
This is an appeal against the decision of the 1st respondent’s Disciplinary Authority.
In its notice of response to the appeal, 1st respondent raised and persisted with a preliminary point to the effect that 1st respondentwas improperly cited. The Minister and not the Ministry should have been cited as required under Section 3 of the State Liabilities Act [Chapter 8:14]. By citing the Ministry, appellant made a fundamental error which cannot be remedied. The Ministry is too broad which makes it impossible to be sued, so argued the respondent. More
This is a consolidated appeal of LC/H/293/2012 and LC/H/296/2012 against the decisions of the respondent works council appeal body which confirmed the appellants’ dismissal in cases where the appellants allegedly stole eleven layer boards in contravention of the respondent Code of Conduct.
Facts of the case are that the appellants who were in the respondent’s employ as loader and truck assistant respectively were on 4 December 2011 charged with the responsibility of loading a beverage truck destined for Nyameni. When the truck which they had loaded was intercepted by the respondent’s other employees it was discovered that eleven extra boards... More
MAKONI JA: This is an opposed application for leave to appeal made in terms of s 44 of the High Court Act [Chapter 7:06] as read with r20 (1) of the Supreme Court Rules, 2018.
The applicant was convicted of rape and sentenced to an effective 10 years imprisonment by the Harare Regional Court on 11 July 2016. His appeal against conviction and sentence was dismissed by the High Court on 29 May 2019. He sought leave to appeal to this Court, against the dismissal of his appeal, before the High court which leave was declined on 10 December 2020... More
This is an appeal against the arbitral award by Honourable G Kwaramba that was handed down on 12 December 2014. The award is couched as follows
“Wherefore after going through submissions filed of record by parties, the claimant’s case is do and hereby considered regarding overtime. The respondent is ordered to negotiate overtime within 7 days with the claimants, failure of which either party to approach this tribunal for quantification.”
The brief facts of the matter are that the contracts of termination of employment filed of record indicate that the respondents were employed as security guards by CCC. More
The appellants were convicted of three counts of culpable homicide as defined in s 49 of the Criminal Law (Codification & Reform) Act, [Cap 9:23]. They were sentenced to 15 months imprisonment of which 5 months were suspended on conditions of good behaviour and a further 10 months were suspended on condition that the appellants performed 350 hours of community service. Aggrieved by their conviction and sentence, they now appeal to this court against both. More
At the commencement of this matter, both parties applied to have supplementary affidavits admitted. Neither counsel objecting to the admissions, both were admitted by consent More
This is an application for the setting aside of the decision of the Sheriff of Zimbabwe, the Sheriff, to confirm a sale in execution in respect of the Remainder of Lot 330 Block B Hatfield of Hatfield Estate otherwise known as number 6 Wenlock Road, Hatfield,Harare .The application is brought in terms of Order 40 r 359(1) of the High Court Rules,1979. More
This is an application for the confirmation of a ruling by the applicant in terms of Section 93 (5a) of the Labour Act [Chapter 28:01] as amended. The application was set down for hearing on 27 October 2016 at 0900 hours. On the day of the hearing only Counsel for Applicant and 2nd Respondent turned up. Having perused the application, I decided to dispose of the matter on the record as some procedural issues arise. More
This is an appeal against the decision of the arbitrator who upheld the now Respondent’s claim of unfair dismissal by the Appellant Company.
The facts of the matter are that: The Respondent who had been in Appellant’s employ approached the labour officers with his claim of unfair dismissal by the Appellant Company, which matter ended up at arbitration. More
