At the commencement of the hearing of this matter Mr Mpofu, on behalf of the applicant, moved for an amendment of the draft orders to include a prayer for the eviction of all respondents from the premises leased by each respectively. There being no objection to the application the amendments to the draft orders was granted. More
On 23 January 2009, the plaintiff issued summons against the defendant seeking relief in the following terms:-
“(a) An order for the ejectment forthwith of he defendant together with its subtenants assignees, invitees and all those claiming through defendant from the plaintiff’s premises known as Shop No. 2 Stand No. 12A Avondale Township located at Avondale Shopping Centre, Avondale Harare.
(b) Plaintiff’s claims arises from a lease agreement concluded between the parties. The lease agreement having expired on 31 March 2008, the defendant became a statutory tenant. Plaintiff now reasonably requires the premises for own use and despite being given... More
On 14 November, 1995 the parties concluded a written lease agreement in terms of which the respondent leased the applicant’s premises at stand number 1642 Bluff Hill situate at Westgate Shopping Centre. The lease was to ensure for a period of ten years with effect from 1 April, 1997 expiring on 31 March 2007. Clause 32.3 of the written contract precluded the respondent from altering its shareholding without the applicant’s prior written consent. More
This is an application for the rescission of a default judgment entered against the applicant and in favour of the respondent in HC 7509/15 on 18 November 2015. The application is made in terms of r 63 of the High Court of Zimbabwe Rules 1971. More
This is an application for a declaratur on the meaning of the word “supermarket” in the context of two lease agreements entered into between the applicant and the two respondents in respect of premises demised within the Westgate Shopping Complex in Harare (“the Complex”). More
Respondent was employed by the appellant as a property manager. Following allegations of misconduct, respondent was brought before a Disciplinary Committee which found him guilty and recommended his dismissal.
The matter ended up in arbitration and the arbitrator found in favour of the respondent thus reversing the decision of the Disciplinary Committee. Appellant is aggrieved by this decision and has appealed to this court. More
The appellant initiated a retrenchment process against the first respondent before the second respondent. The second respondent made recommendations to the Minister of Labour and Social Services (the Minister) in terms of the Labour Relations Retrenchment Regulations, 2003 (SI 186/2003) (the Regulations).
By notice dated 2 March 2015, the Minister approved the retrenchment of the first respondent with effect from 23 February 2015. The approval included the terms for the retrenchment and more particularly that the first respondent was entitled to payment of a gratuity equivalent to one month’s salary for every year worked, a stabilisation allowance equivalent to two... More
The applicant seeks payment of US$13 917-00 from the respondent with interest at the rate of 6% per annum calculated from date of demand to date of payment in full.
What engendered the dispute is the following: More
I dismissed this opposed application at the close of submissions on 8 February 2011 and indicated that my reasons for doing so would follow. I state them hereunder. More
Applicant is employed by the respondent as its Division Chief-in-charge of Financial markets. She has been employed by the respondent since 1980 in various capacities. She has approached this court seeking an order declaring the disciplinary proceedings initiated by the respondent against her as a nullity and an order compelling the respondent to comply with the provisions of section 2(6)(b) as read with section 8 of Statutory Instrument 186 of 2003, Labour Relations (Retrenchment Regulations) 2003. More
This is an appeal against the judgment of the High Court dismissing an application for the rescission of an earlier judgment granted in favour of the fourth respondent in Case No. HC 1589/13. The application was dismissed with costs to be borne by the estate of the late Brian James Rhodes, of which estate the applicant (the appellant herein) is the executor dative. More
This is an appeal from a decision by a Magistrate in an inquiry purportedly to confirm whether Tiresi Chasara was customarily married to the Late Elias Macheka or not. More
The first applicant borrowed money from the first respondent, to whom he surrendered Pelhams shares belonging to the second to the fourth applicants as security for the loan. He gave out the shares in a negotiable form. The applicants had signed share transfer forms, making it possible for the first respondent to transfer them to himself or a third party. More
At the hearing of this matter, and in his heads of argument the first respondent raised two points in limine. The first point in limine being that there is material disputes of facts which cannot be resolved on papers. He suggested that this matter could not be resolved in a motion court but by way of trial procedure. More
On 30 January 2019 we outlined reasons for our disposition wherein we dismissed an appeal against both conviction and sentence. We indicated that written reasons would be availed in due course. These are they.
The appellant was arraigned before a Regional Magistrate facing one count of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state contented that on 29 December 2017 and at a public toilet in Sakubva, Mutare the accused person unlawfully and intentionally had sexual intercourse with Priviledge Bonde a female juvenile aged 5 years who at law is... More
