The applicant alleges that it duly submitted its income tax assessment for the relevant years 2020 to 2022 within the stipulated submission deadlines and settled its dues in full using the legal tender of the country being the Zimbabwe Dollar. A total amount of ZWL 183 392 906.00 was paid. In addition, a further amount of US$180 000.00 was paid in an attempt to reach an amicable settlement to this matter. Despite the applicant’s conviction that it had properly discharged its obligations, the first respondent, on 28 April 2023 issued tax assessments covering the years 2020 to 2022. These assessments... More
At the commencement of the hearing the counsel for the first respondent applied for condonation for late filing of its heads of argument. The counsel for the applicant also applied to amend his answering affidavit. Both applications were not opposed by either side and were duly granted. More
On 8 October 2007, this court granted the applicant a provisional order in terms whereof the applicant was granted the right to retain possession of a Mazda B1800 registration No AAG 9397. Part of the order gave the applicant the obligation to retain the vehicle in a safe place and ensure that it was not damaged or destroyed. More
The appellant appeared before the Regional Magistrate for the Eastern Region sitting at Harare charged with six counts of rape involving four women. The allegations were that he raped four adult female members of his church during the period extending from 2015 to 2016. Counts one and two were reported by one Sarah Mhere, count three by Sarah Kadzere and counts four and five by Mercy Nhepura and count six by Evelyn Chinzou.According to the State the appellant raped the three women in counts 1 to 5 at his prayer house situated at stand 7937 New Canaan, Highfield. The sixth... More
This is an Election Petition brought in terms of Section 133 as read with Section 167 of the Electoral Act [Chapter 2:13] [the Act]. The election under challenge relates to the Local Authority for Ward 28 Councilor in NKAYI SOUTH Constituency in rural Matabeleland North Province. The Polling took place on 23 August 2023. The results of the election were announced on 24 August 2023. At the commencement of the hearing, the Petitioner withdrew the petition against the 1st and 2nd Respondents. The withdrawal was wisely taken, consensual, and without a tender or demand for costs. More
: This is an urgent chamber application for an interdict against the 1st and 2nd Respondents, to forthwith stop the drilling and installation of a borehole at a certain piece of land situate in the District of Salisbury called Stand 16876 Salisbury Township, measuring 5 829 square metres (the property) pending a hearing and determination of the dispute between 1st Respondent and other co-owners of the property, as contemplated by the Notarial Deed giving rise to the undivided shares and exclusive rights of occupation in the said property, and/or the determination by a competent court of the dispute. More
The applicant was employed by the respondent as its General Manager under the Properties Division. The Division was later established into a company called Old Mutual Investment Group - Property Investments. In June 2010 the respondent sought permission from the Retrenchment Board to retrench the applicant. The Retrenchment Board granted authority. The applicant was aggrieved by the decision of the Retrenchment Board and referred a complaint to the labour officer. A certificate of no settlement having been then issued the matter was referred to compulsory arbitration under section 93 of the Labour Act [Cap 28:01]. More
The matter was placed before me as an application for condonation of late noting of appeal.
On the date of hearing the Respondent took a point in limine that by virtue of the provisions in Section 92 of the Labour Act [Cap 28:01]which provisions limit representation of parties in the Labour Court to registered legal practitioners or official/employees of registered trade union/employer organization of which the employee is a member; that it being very clear that by the time of his dismissal the Applicant was not a member of any trade union affiliated toZimbabwe Congress of Trade Union(Z.C.T.U.) and that... More
: On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of Zimbabwe African National Union (Patriotic Front) ‘ZANU PF’ for the House of Assembly seat in the constituency of Southerton. Gift Chimanikire the first respondent representing the Movement for Democratic Change ‘MDC’ contested the seat. The elections were conducted and supervised by the second respondent. On 30 March, 2008 the first respondent was declared the winner of the seat. Dissatisfied with the prevailing environment at the time as well as with the manner the election was... More
In this case the state filed a notice conceding that the conviction as it stands is unsupportable. Fully appreciating the informed stance taken by the respondent’s counsel, the case was therefore withdrawn from the roll to be dealt with in chambers. I proceed to set out the reasons why the appeal must succeed. More
[ 1] On 22 May 2022, I dismissed the chamber application for condonation for late noting of appeal. Reasons were subsequently requested and I furnish same hereunder.
[ 2] The applicant was convicted by this court of murder with actual intent as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] on 31 January 2014 at Gweru. He was sentenced to 23 years imprisonment. On 29 November 2021 he filed an application for condonation of late noting of appeal together with a draft notice of appeal against both conviction and sentence. More
At the close of the plaintiff’s case the defendant swiftly moved to make an application for absolution from the instance.
What runs through the plaintiff’s declaration is the allegation that the defendant lacked due diligence and care in the manufacturing of its product to the extent that the product itself is not safe, clean, health and fit for human consumption.
The plaintiff testified himself and called two more witnesses one of whom testified to corroborate the plaintiff’s evidence that he had partaken of contaminated coke. That the plaintiff drank coke which was not safe for human consumption could not have... More
This is an application for quantification of damages following this Court’s order of reinstatement in applicant’s favour which confirmed an earlier arbitral award. More
