KABASA J: This is an appeal against the whole judgment of the Magistrates’ Court allowing the respondent’s claim wherein she sought the eviction of the 2nd appellant from an immovable property known as house number 6209 Phase Two Garikayi/Hlalani Kuhle, Gwanda. More
On 27 May 2025 Applicants filed an urgent application in this Court for a provisional order directing respondent to cease or desist from “committing any unfair labour practices against Applicant’s members.”
The application was made in terms of Section 89(c) (vii) of the Labour Act Chapter 28:01 as read with Rule 18 of the Labour Court Rules, 2017. Respondents opposed the application. More
The applicant and the 1st respondent executed a written agreement for the supply, delivery and installation of instrumentation, control and electrical equipment for the Mabvuku Ethanol Storage Tanks Project. The contract price was US$ 2 268 199.90. It was a material term of the agreement that the applicant would defray the 1st respondent’s costs for materials purchased for the project on production of an invoice, valuation report and interim certificate. The parties amended the agreement on two subsequent occasions in order to address the changes in the country’s monetary policy. The main effect of the amendments was to restructure the... More
At the conclusion of the oral submissions I allowed the appeal stating that the full reasons would follow. The following are the reasons.
Respondent was in theemploy of the appellant as a Business Development Manager on a fixed term contract. The contract of employment was due to terminate on 31 January 2014. The respondent alleged that she had a legitimate expectation to be re-employed and reported her matter which led to arbitration proceedings. The arbitrator found in favour of the respondent. The appellant is dissatisfied with the decision of the arbitrator and has approached this court for relief. More
This is an appeal at the instance of the appellant employer and a cross appeal at the instance of the respondent employee. Both parties are aggrieved by the labour officer’s decision in a labour dispute between them. On the hearing date of the appeal and the cross appeal the employee raised 4 preliminary points. The employer had in turn raised a single preliminary point attacking the record of proceedings but dropped this part when the appeal and the cross appeal were being heard. This left for determination the points in limine at the instance of the employee and the merits... More
The applicant approached this court for a rei vindicatio to recover a motor vehicle that was issued to the respondent as part of his conditions of employment with the applicant. The respondent’s contract of employment was terminated on 31 August 2020, and he was requested to surrender the vehicle. The respondent did not surrender the vehicle despite the request. More
This is an appeal against the whole judgment of the High Court(the court a quo) sitting at Harare, dated 30 November 2021, setting aside para 84 A of the arbitral award given under the hands of arbitrators retired Justice A. M. Ibrahim, retired Justice M. H. Chinhengo and Advocate F. Girach on 1 March 2021. Under para 84 A of the award the arbitrators declared that the agreement of procurement entered into between the parties did not have the prior approval of the Procurement Regulation Authority of Zimbabwe (PRAZ) as required by s 15 (1) and (2) of the Public... More
This is an application for leave to continue legal proceedings against the respondent which is a company under corporate rescue. The application is premised upon section 126 (1) of the Insolvency Act (Chapter 06:07). The applicant is the lessor whilst the respondent is the lessee of a property known as Stand 279 and 280 Bulawayo Township, Bulawayo wherein there are buildings commonly known as Suite 102, 1st Floor South Wing, Q. V House, 9th Avenue, Bulawayo. The applicant seeks leave from this court to continue eviction proceedings that it had commenced against the respondent at the Magistrates Court under case... More
This is a matter in which a pre-trial conference was held between the two parties
The main dispute between the parties was settled but the bone of contention between the parties was the question of costs. More
The applicant National Railways of Zimbabwe is a statutory corporate body established in terms of the Railways Act [Chapter 13:09]. The first respondent Patnah Trading (Pvt) Ltd is a duly incorporated and registered company in accordance with the laws of Zimbabwe. The second respondent City of Harare is a body corporate established in terms of the City of Harare (Private) Act, [Chapter 29:04]. More
CHITAKUNYE AJA: This is an appeal against part of the judgment by the High Court of Zimbabwe, sitting at Bulawayo handed down on 24 October 2019 wherein the court granted the respondent’s claim for damages for past medical expenses in the sum of US$2 000-00, bodily injury- loss of amenities of life in the sum ofUS$1500-00 and contumelia, humiliation and defamation in the sum of US$10 000-00. The awards being in United States dollars the court aquoordered that allsums were payable in Zimbabwe dollars at the interbank rate applicable onthe date of payment. More
This is an application for rescission of default judgment. It is opposed by the respondent on the basis that it is erroneous, frivolous and an abuse of court process. The default judgment was granted upon failure to enter appearance to defend by the applicant upon service of the summons and declaration. The applicant denies that it was in wilful default on the basis that the summons were served at an address where it is not located and upon a person named Mrs E Alleck who is not one of its employees. The applicant says it became aware of the application... More
These are confirmatory proceedings for a provisional order for winding up of the first respondent granted by judgment of TAGU J on 30 January 2019. The provisional order is couched in these terms:
“It is hereby ordered that:
1. The first respondent, Capital Bank Corporation Limited be and is hereby provisionally wound up, pending the granting of an order in terms of paragraph 3 hereof or the discharge of this order.
2. Mr John Mafungei Chikura of Deposit Protection Corporation Evelyn House 26 Fife Ave/Corner Blackistone Street, Harare, be and is hereby appointed as the first respondent’s Provisional Liquidator with... More
Fifth respondent took a special plea to plaintiff`s claim. Plaintiff objected to the special plea on the basis that it was in breach of r 42 (8) of the High Court Rules 2021. Indeed, the special plea was not filed concomitantly with the defendant`s heads of argument as required by r 42 (8).
This defect was brought to defendant`s attention on 22 November 2021 in the plaintiff`s replication as well as heads of argument responding to defendant`s special plea. Defendant responded to this letter and replication some forty-three (43) or so days later through a letter, by his legal practitioners,... More
The applicant is the lessor of premises known as Rear Room, Chesterton House, 42 Sam Nujoma Street, Harare. On 31 August, 2009, through its agents CB Richard Ellis, it entered into a written lease agreement in respect of the premises with the first respondent. The first respondent was represented by its director, the second respondent as surety and co-principal debtor. The period of the lease was to run for two years from 1 February, 2009 to 31 January, 2011. The basic rent was pegged at US$150 per month from 1 February, 2009 to 30 June, 2009 and was subject to... More
