Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
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

: This was an opposed application. I heard it in motion court in Harare on 19 May 2016. There was no appearance by the respondent. 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

TAKUVA J: The plaintiff in this matter instituted summons seeking the following relief; 1. An order that the Defendants pay the Plaintiff the sum of USD 200 000.00 (Two Hundred Thousand United States Dollars), jointly and severally the one paying the other to be absolved, being defamation damages suffered by Plaintiff on account of defamatory and false report by the first Defendant to the second Defendant wherein first Defendant maliciously lied that Plaintiff had sexually assaulted her for over 18 years and the allegations were republished and or allowed to get to the unintended public and media by the first... More

This is an appeal against a decision by the Respondent’s Appeals Authority upholding an earlier determination by the Disciplinary Committee to dismiss the Appellantfrom employment. The background facts in this case are as follows; The Appellant was employed by the Respondent as the National Purchasing Coordinator. On the 20th of January, 2012 Appellant was suspended without pay and benefits following allegations of violations of Section 4 (a) and (d) ofthe Labour Act (National Employment Code of Conduct Regulation 2006), StatutoryInstrument 15 of 2006 that is ‘Any act of conduct or omission inconsistent with the fulfillment of the expenses or implied... More

This is an application for leave to appeal against a judgment handed down in this court on the 31st of May, 2013. The Application is opposed. More

The Appellant was employed by the Respondent at the Chipinge Depot. When a spot check was conducted on the 26th of July 2012 some cash shortages were discovered. He was then charged under clause 2:4.4.1 of the Code of Conduct. It was alleged that he falsified documents with fraudulent intent, it was alleged that he was using cash generated from the sales of the following day to cover shortages of the provisions day. Appellant was also charged under clause 2:4.6.1 of the Code i.e. “wilful loss or theft” More

This is an appeal against the determination of the Health Service Board (the Board), which upheld the dismissal of the appellant from employment. More