The plaintiff is a co-operative society engaged in the noble business of providing housing for its members one of whom was, until he was unceremoniously dismissed from membership by letter dated4 June 2015, the defendant in this matter. Following the expulsion of the defendant, the plaintiff sued out a summons against him seeking an order for his eviction from a property known as stand 5486 of 315 Retreat Township, Waterfalls Harare (the stand) on the pain of legal practitioner and client costs. More
The applicant, as a self actor, filed this application seeking an order for the postponement or suspension of sale in execution of his dwelling house in terms of order 40 rule 348A(5b). More
The applicant seeks against the respondents, the following relief set out in the draft order accompanying the application:
“IT IS ORDERED THAT:-
1. The Applicant is not in breach of the agreement of sale in respect of Stand number 1227 Tynwald South Measuring 2052m2 in the name of the 1st respondent.
2. The 1st Respondent be and is hereby ordered to attend to Zimbabwe Revenue Authority for the assessment of capital gains tax and sign all papers to facilitate the transfer of the property described in paragraph 1 above into the Applicant’s name.
3. If the 1st Respondent fails or... More
On the 19th of February, 2020 this court issued an order by consent of the parties referenced LC/H/ORD/137/2020. The Court directed the stay of disciplinary proceedings against Applicant and her reinstatement to her original position without loss of salary and benefits. After the proceedings before this court the employer took the position to pay damages rather than to reinstate the Applicant. This resulted in the Applicant approaching this court with her application for quantification of damages. The Respondent opposed the application. More
This is a chamber application for condonation of noncompliance with the Supreme Court Rules, 2018 and for extension of time in which to appeal made in terms of r 43. The intended appeal is against a judgment of the High Court which was handed down on 30 July 2021. In that judgment, the applicant’s application for a declaratur was dismissed. More
The applicant seeks the following order as set out in the amended draft order;
1. “The lease agreement entered between the applicant and the fourth respondent in respect of stand 294 Carrick Creagh, Borrowdale Harare be and is hereby declared valid and binding between the parties.
2. The sale agreement concluded between the first and third respondent in respect of stand no. 294 Carrick Creagh, Borrowdale Harare be and is hereby declared null and void and is set aside.
3. The allocation of stand 294 Carrick Creagh, Borrowdale Harare to third respondent by first and fourth respondents be and is... More
Plaintiff instituted action proceedings against the defendant for the following relief;
1. Payment of the sum of $46 750 being damages arising out of defendant’s breach of its duty of care and for misrepresentation and/ or breach of its implied authority.
2. Interest thereon at the prescribed rate from the 30th June 2014 to date of payment in full and
3. Costs of suit More
On 24 August 2018 the Constitutional Court (“the Court”) handed down the abridged version of the judgment in the case in which the applicant challenged the validity of the Presidential election held on 30 July 2018. More
This is an application for leave to appeal to the Supreme Court against a judgment of this Court which dismissed a preliminary point raised by the applicant. The application is opposed. More
This is an application wherein the applicant seeks the following relief:
“The respondent replaces 970 to 1077 Kwekwe Township of stand 7799 Kwekwe Township situate in the District of Kwekwe with a suitable industrial stand acceptable to the applicant and that the respondent bears the costs of suit.”
At the hearing of the matter respondent raised 3 preliminary points, one of documents irregularly filed in the court record in breach of the rules, seeking that such documents be expunged. The second preliminary point is that of locus standi that the purported agreement of sale is between respondent and a different... More
The appellant appeared at Bindura Magistrates Court facing a charge of rape in violation of s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Upon his conviction the appellant was sentenced to 10 years imprisonment, 3 years of which were suspended on the usual conditions of future good conduct. This appeal is against both conviction and sentence. More
The applicant was charged with acts of misconduct in February 2008. The Honourable Moyamatshanga dealt with the matter and remitted same to allow for the exhaustion of domestic remedies.
The decision of the Labour Court was then appealed to the Supreme Court, but the appeal was withdrawn on 24 March 2011.
The applicant then appealed to the National Employment Council for Chemical Manufacturing which dismissed the appeal. This was in June 2018. The appeal was dismissed because the applicant was in default. On 22 April 2022 applicant filed an application for rescission of the default order and the application was... More
Purchase and sale is a synalgmatic contract. It creates rights and obligations as between the parties. It allows the parties to enforce their respective rights one as against the other. More
This is an application for condonation for late filing of an application for Review and Appeal against the decision by the Respondent to dismiss applicant from employment. More
This is an appeal against the judgment of the Labour Court in which it dismissed the appellant’s appeal against the determination of the Negotiating Committee. The Negotiating Committee had in turn upheld the appellant’s appeal against the decision of the Local Joint committee which had upset the Disciplinary Committee’s decision to dismiss the respondent from employment on allegations of misconduct. More
