This is an appeal against part of the judgment of the High Court of Zimbabwe (“the court a quo”), sitting as an appellate court at Harare, dated 9 October 2023. The part appealed against is the dismissal, by the court a quo,of the appellant’s appeal against both conviction and sentence. More
The appellant was tried, convicted and sentenced in the Provincial Magistrates court at Harare for the crime of Incitement to commit Public Violence as defined in s 187(1) as read with s 36 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to imprisonment for three years of which one year was suspended for five years on conditions of good behavior. The state allegations were as follows. On the 31 July 2018 the appellant was at the Harare International Conference Centre, (HICC) as an accredited local election observer representing the MDC Alliance political party awaiting... More
: This application was heard on 21 March, 2017. After I had read documents filed of record and heard counsel, I delivered an ex tempore judgment in which I dismissed the application with costs. More
I have before me an application for review filed by the applicant on 25 August 2020 in terms of Rules 26 and 27 of the old High Court Rules 1971. Although four grounds were listed by the applicant in its application, on a proper examination, three grounds are discernible.The applicant alleged that there was a gross procedural irregularity surrounding the decision to cancel the applicant’s registration certificate, as it was not afforded the opportunity to be heard. It was further alleged that the 2nd respondent’s decision was irrational as no reasons were given as required by section 68 of the... More
Deceased estates are more often than not a common ground for disputes. This is one of such.
This is an opposed application where the applicant seeks for an order in the following terms:
“It is ordered that:
1. The purported sale of the immovable property being a certain piece of land situate in the District of Salisbury called stand 3828 Highfield Township by the Fifth Respondent to the second, third and fourth respondents be and is hereby set aside and the Agreement of Sale declared null and void.
2. The respondents and all those claiming title through them be and... More
At the initial hearing of this matter Mr Madzvamuse applied for a postponement of this matter to enable the finalization of an application for joinder filed under HCH 1110/24. The court granted that application and this resulted in the joinder of 554 other applicants to a matter wherein there were initially 300 applicants. More
This is an application for condonation of late filing of a rescission of judgment application. Default judgment was entered against the applicant employee on 9 October 2019 when he failed to attend court to prosecute his appeal. The condonation application is opposed by the employer whose view is that the applications lacks merit. The test for condonation of judgment is set out in Jansen v Acavalos 1993 (1) ZLR 216(S). More
Respondent was employed by Appellant on 25 August 2004 as a mechanic. In October 2005 Respondent went to work in Japan. Appellant alleges that by the time Respondent went to Japan the contract of employment had been terminated and Respondent had been given his terminal benefits. Respondent alleges that it is Appellant who sent him to Japan to work as a workshop foreman. Respondent alleges that it was a mere transfer and the contract of employment continued with the same terms and conditions as had been pertaining in Zimbabwe. Respondent further alleges that Appellant continued to pay his salary in... More
The matter was placed before me as an appeal conjoined with an application for review. Both matters were opposed.
The brief background to the matter is as follows:
The Appellant was employed by the Respondent as the General Manager of Z.T.S. On the 15th of September, 2010 he attended an Executive Management meeting chaired by the Chief Executive Officer of the Respondent, one DrMafoti. The Appellant was alleged to have committed acts of insubordination and disrespectful conduct towards DrMafoti. The Appellant however initiated a grievance procedure under Part 5 of the SIRDC Code of Conduct on 22 September 2010. The... More
The defendant was in default at the scheduled pre-trial conference held on 10 March, 2020. The Deputy Sheriff’s return of service of the notice of set down on the defendant of pre-trial conference was filed of record on 4 March, 2020. The return of service is advice No. 180686. It shows that service of the notice of set down was effected on 4 March 2020 at the offices of Mutandiro Chitsanga and Chitima legal practitioners for the defendant at 13:58 hours on Sheila Danda who accepted service thereof. The service address was 3 St Quintin Avenue, Eastlea, Harare. The pre-trial... More
The applicant seeks a review of the decision of the second respondent denying the applicant leave to sue the first respondent which is under administration. The applicant is in the business of hiring out earth moving equipment. In the conduct of its business it hired out its equipment to the first respondent. The first respondent was subsequently placed under reconstruction in terms of the Reconstruction of State Indebted Insolvent Companies Act (the Act). The second respondent was appointed as administrator of the first respondent. More
At the conclusion of the trial both lawyers representing the parties’ undertook to file closing submissions, plaintiff on the 13th July 2018 and defendant on the 17th July 2018. Both counsel have, however, failed or neglected to do so notwithstanding the shared view that there was great need for such submissions. AdvocateT Zhuwarara put it succinctly and I quote “Submissions on the law as it relates to the contract of barter is of particular importance because there appears to be no jurisprudence in that area post-independence.” It is therefore regrettable that I have had to prepare judgment without the expected... More
Crossmill Enterprises sued out a summons at the Magistrates court against Pallematic Freight and Ncube. On 14 February 2023 the Magistrates Court granted a default judgment in favour of the Crossmill Enterprises, and the judgment is couched as follows:
i. Cancellation of the lease agreement entered into and between the parties on 2 August 2018 and any other subsequent addendums.
ii. Payment in the sum of USD$3, 727, 37 being in respect of arrear rentals and ZWL44,700.54 being in respect of arrear operating costs. Total arrears being USD$3,727.37 and ZWL44,700.54 payable as USD$ at the foreign exchange auction rate as... More
This is an application for an order evicting the 1st respondent from Stand No. 15724, Unit “P” Seke, Chitungwiza, and all others claiming rights of occupation in the stand. The applicant also seeks cession of the 1st respondent’s rights, interests and title in the stand to herself. More
: The applicant seeks, by way of an urgent chamber application, variation or correction of a judgment handed down by this Court on 14 January 2022, under Case No. HC 7099/21, Judgment No. HH 39-22.
In that judgment, the court ordered a stay of execution of an order granted by this court on 2 November 2021 per KWENDA J, MUCHAWA J and CHILIMBE J, under Case No. CIV “A” 77/21. Execution of this order was suspended pending the determination of an application for its rescission filed under Case No. HC 9097/21. The application for rescission was filed in terms of... More
