ZHOU J: This is an application for a declaratory order and consequential relief made in terms of s14 of the High Court Act [Chapter 7:06] in which the applicant seeks an order couched in the following terms:
1. That the agreement of sale of 2000 gold dumps entered by applicant and first respondent on 29 October 2024 is valid, subsisting and obligating on the parties.
2. That in terms of that agreement, applicant is entitled to access and collect 1384 loads of gold dump from first respondent. More
This matter was previously set down to be heard on 27 March 2020. Due to the onslaught of the CORONAVIRUS, the Chief Justice issued instructions that in order to curtail infections, only very urgent matters were going to be entertained. The applicant was contacted telephonically and informed of the position. Applicant was also advised that the matter was going to be postponed to 10 June 2020. It was also indicated to the applicant that if he was of the view that he did not need to make further submissions and was comfortable with the documents filed of record, the matter... More
The common cause facts are that the plaintiff was the first person to be offered subdivision 2 Munemi Extension Zvimba, Mashonaland West in 2002. Notably, he is a valid offer letter holder. It is indisputable that there is no evidence of the withdrawal nor the intention to withdraw, let alone communication or proof of communication of the same or the said offer letter that was placed on record. Substantively, the plaintiff’s offer letter is extant. It has also not been challenged that the plaintiff has invested heavily on this piece of property. On the other hand, the 1st defendant, does... More
The 9 plaintiffs are the descendants of Mudyanadzo Chimombe of Gutu who once ruled as Chief Chimombe. The first defendant is the resigning Chief Chimombe he having been appointed by the President of Zimbabwe in terms of the Traditional Leaders Act [Cap 29:17]. More
The accused pleaded not guilty to a charge of murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].it is the state’s contention that on and at Canlebury Farm Chief Mutasa, the accused unlawfully caused the death of Diana Sithole by assaulting her with an unknown object on the forehead and face intending to kill her or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in the injuries from which Diana Sithole... More
This is an application for condonation for late noting of appeal. The applicant was employed by the respondent. Following allegations of misconduct, the applicant was brought before a disciplinary committee. The applicant was charged with gross negligence. It was alleged that the applicant had been entrusted with an amount of $18 000 which was to be paid to the respondent’s employees as salaries. It was averred that the applicant had alleged that he had left this sum of money at the spot where he had had a breakdown with the motor cycle he was using. The applicant had alleged that... More
On 19 January 2010 the applicant filed an application for condonation for the late filing of rescission of judgment granted in case NO. HC 6889/07 on 27 February 2008. The application was opposed by the respondent. More
The facts are that on 13 December, 2017, the complainant, Charles Chipimbiro was driving a Toyota Toyoace 3120 tonne truck registration number AEJ 3585 towards Harare along the Harare Bulawayo Road. More
The applicant partnership filed an application on 16 January 2012 seeking payment of US$31 249-24 from the first and second respondents failing which it sought an order against second respondent for him to register a first mortgage bond on stand number 62 Carrick Greagh of Carrick Greagh Township Section 4 of Borrowdale Estate held under Deed of Transfer Number 2995/2009 and if he failed, the deputy sheriff was to do so on his behalf. It also sought to interdict second respondent from disposing of, alienating, encumbering or in any way dealing with the immovable property in question and costs of... More
This is a joint application for leave to bring a class action as well as to compel the respondents to furnish requested information pursuant to the right of access to information brought in terms of Rule 89 of the High Court Rules, 1971.
The background facts are that sometime at the beginning of the year 2021, the first respondent commenced subdividing land which houses Rossa Clinic and which land is earmarked for the expansion of the clinic. The community through the applicants who are their representatives sent a delegation to the Chief Executive Officer of the first respondent to enquire... More
This is an application for condonation of late noting of an appeal. The application stems from the determination of a workplace Disciplinary Authority appointed in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006, (the National Code), in terms of which the applicant was found guilty of misconduct and dismissed from employment. More
The facts of the case that are not disputed if one takes into account the papers filed of record are that the Applicant imported Pre-Painted Galvanized Iron (PPGI) sheets that it uses to manufacture roofing sheets. Applicant then enlisted the services of the Respondent to do port clearance and transportation of the said sheets from the port to the premises of the Applicant in Harare. There was never any dispute or misunderstanding as regards the parties obligations in the contract. The Applicant met its side of the contract through paying the Respondent amounts that are not in dispute. The Respondent... More
On the 23rd January 2023 at Harare, the Registrar of Labour issued a determination which ruled as follows,
“1. The concrete products fall under CBA for Construction Industry as they have been dealing with concrete products.
2. The National Employment Council for Brick Making and Clay Products Manufacturing Industry continue operating but exclude all concrete products.
3. Both NEC to co-exist as primary and ancillary functions accordingly in terms of their scope of coverage.
I so determine.”
Then appellant appealed the ruling to this Court in terms of section 46 of the Labour Act Chapter 28:01 hereafter called the Act. More
