This is an appeal against the granting of a spoliation order in favour of the respondents. The appeal succeeds in that spoliation is about possession and not access. The order having been granted on the basis of the respondents accessing the premises in furtherance of the right to worship as opposed to having been despoiled of possession which was not at all in their hands, the order for spoliation by the court below was improperly granted against the backdrop of the totality of the facts of the matter. More
It is trite that urgent chamber applications should be shown, both on the certificate of urgency and on the applicants’ founding affidavit to be urgent more particularly in that;
a) There is primarily no dispute of facts in the matter and the law relating to the matter is clear and undisputed.
That there is irreparable harm that will be occasioned to the rights of applicant. Indeed the applicant must show that he has a prima facie right that has been or about to be infringed.
c) That should the matter not be treated as urgent the harm to that right... More
On 27 July 2010 and in case number HC 5120/10 the same applicants in this matter filed an urgent chamber application seeking to have execution stayed pending the determination of an application for rescission of judgment issued against them in case number HC 271/10. Counsel representing the applicants had submitted before my brother judge PATEL J that the filing of the urgent chamber application had been preceded by the filing in this same court of an application for rescission of judgment. More
This is an appeal against the decision of the respondent’s Appeals Committee to uphold the decision of the disciplinary authority dismissing appellant from employment.
Appellant was employed by respondent. He was charged and convicted of disorderly or objectionable behaviour, that is to say, abuse of office or position. The allegations were that he deliberately abused his authority and power when he instructed his line gang crew members to illegally construct an MV Line to feed house Number 7358 Manyame Park using company resources without the permission of the Senior Customer Services Officer. Upon conviction, a penalty of dismissal was meted... More
The appellant was formerly employed by the Zimbabwe Republic Police as a police officer. He rose through the ranks and at the time of the dispute in issue he held the rank of Senior Assistant Commissioner. On a date not specified on the papers he was seconded to respondent as its Chief Executive Officer by the Office of the President and Cabinet. It would appear that the parties did not conclude a written contract providing for the second-ment. More
Applicant seeks summary judgment on a claim for eviction of the respondent from the property known as Stand Number 7452 Mutare Township of Umtali Township Lands measuring 2630 square metres (the property). More
On 10 May 2013, the plaintiffs issued summons against the defendants claiming provisional sentence in the sum of USD23000-00 together with interest thereon at the rate of 10% per annum reckoned from 26 April 2013 to date of payment in full, plus costs of suit on legal practitioners/client scale. More
I have no doubt at all that this application has merit.
On the 1st of December 2017 applicants filed a chamber application seeking the following relief;
“ IT IS ORDERED THAT:
1. The court application in case number HC 8786/17 be and is hereby dismissed for want of prosecution.
2. Respondent shall pay costs of suit.” More
As is fashionable in some churches these days, the respondents are secessionists who brokeaway from the applicant to form their own church being the 1st respondent. However, applicant alleges that despite using a different name, respondents continue to conduct their church services clothed in the same fashion as applicant’s congregation, chant the same slogans and wear hats commonly known in apostolic circles as “Gloria” which are embroidered with applicant’s name.
Alarmed and believing that there is a reasonable likelihood that applicant’s members might be misled into believing that respondents’ activities are that of the applicant, the former decided to file... More
A brief background of this matter is as follows;
- The applicant who is a Designated Agent filed an application LC/H/LRA/170/19for the confirmation of a ruling he made in a matter between the 2nd and 1st Respondents.
- The application was made in terms of section 93 (5a) and 5(b) of the Labour Act [Chapter 28:01] as amended by the Labour Amendment Act No.5 of 2015.
- The application was set down for hearing on the 10th of June 2020 and I reserved judgment after hearing submissions from the applicant and 1st Respondent’s counsel. 2nd Respondent was in default of... More
The plaintiff, NgwenyaMuncini, but whose second name was in the pleadings spelt variously as Munzini, Manzinior Mancini, claimed an order of specific performance against the defendant, one Elisha TakundwaMangwiro. The claim was in respect of a property described as No 688/5 Mbizo, Kwekwe (hereafter referred to as “the house” or “the Kwekwe house”). The house had three main rooms and a toilet. Plaintiff alleged that in 2002 his employer, one Gibson Ndhlela, but whose second name was in some documents spelt as Nhlela, had bought him the house as an employment benefit. He alleged that the sale had been negotiated... More
DEMBURE J: This is an application for the confirmation of a provisional order issued by this court, per CHIVAYO J on 2 August 2024. The terms of the provisional order granted were as follows:
“INTERIM RELIEF GRANTED
Pending determination of this matter, the applicant is granted the following relief –
2.1 The tender proceedings under the reference no. MOPSE/NJUHS/01/2024 –
SUPPLY OF A BRAND NEW 72-SEATER BUS be and [are] hereby stayed until a final determination concerning the validity of the 1st Respondent’s decision to award the tender to the 6th Respondent as contained in this application is made on... More
The first applicant is a housing cooperative, duly registered in terms of the laws of Zimbabwe. The remaining applicants have not been described in the papers before me but appear to be housing cooperatives as well. More
