The parties in this matter are former husband and wife. In apparently acrimonious and protracted divorce proceedings, my brother TAKUVA J wrote a full and comprehensive ten (10) paged judgment to resolve the divorce matter. The part of that judgment, that is relevant for these proceedings reads as follows: More
The applicant seeks a rescission of a default judgment granted by this court on 22 September 2014. In terms of the order the applicant was to pay US$17 255.41 with interest at the rate of 6% from 19 February 2014 to the date of full and final settlement.
It is not in dispute that the respondent issued out summons commencing action which was served on applicant on 19 May 2014. The applicant did not file any opposing papers. The respondent applied for a default judgment which was granted. A writ of execution was issued for the attachment of applicant’s moveable... More
Appellant was employed by the respondent as a controller. It was alleged that the appellant had negligently performed his duties and charges of misconduct were brought against him. He was brought before a Disciplinary Committee which found him guilty and dismissed him from employment. Appellant lodged his appeal in terms of the Code of Conduct. On the date the matter was scheduled to be heard, appellant raised technical issues at the commencement of the proceedings and walked out of the proceedings. The Appeals Committee proceeded to determine the matter and upheld the decision of the Disciplinary Committee. Appellant is dissatisfied... More
This is an application for condonation for late noting of appeal. The facts of the matter are as follows. The applicant was employed by the respondent. The applicant, together with other employees were charged with misconduct it being alleged that they stole from the respondent and absented themselves from work. The applicant was initially acquitted on the theft charge but was convicted on the charge of absenteeism. The applicant pleaded guilty to the charge of absenteeism. An appeal to the appeals officer resulted in the applicant being found guilty on the theft charge and he was dismissed from employment. The... More
This is an appeal against the decision of the Appeal Officer’s determination which upheld the decision to find the appellant guilty of acts of misconduct and to dismiss him.
At the hearing of the appeal the respondent’s representative raised preliminary points which challenged the grounds of appeal filed in casu. More
The applicants approached this court seeking to register an arbitral award in terms of Article 35 of the Model Law, which is contained in the Arbitration Act [Chapter 7:15]. The application was opposed by the respondent. The background to this dispute is that: the applicants are holders of mining claims, known as the Pangolin claims. Sometime in 2015, the respondent encroached upon, and took some soil containing chrome ore. From these claims. The applicants discovered this and instituted proceedings under HC 7386/15. More
This is an opposed application in terms of which applicant Pangoula Farm P/L seeks the following declaratory orders against the City of Harare that
1) Applicant is exempt from payment of rates in respect of its property Pangoulia Farm of Stembrick in terms of s 8 (2) of Statutory Instrument 199 of 1985.
2) The purported demand of rates by the respondent in the sum of $171 299.91 is a nullity.
3) The respondent’s attempt to collect and levy sales from applicant, is therefore null and void. More
The applicants were employed by the respondent in different capacities. The applicants raised a grievance claiming they were being underpaid and nonpayment of shift allowances. The matter was subsequently referred to an arbitrator Honourable Chavura. The arbitral award, whose interpretation is the basis of this application was made in the following terms
“… I order that they (applicants) be paid the balance of their wages and the outstanding shift allowances, plus interest of 30% per annum. The union should assist the employer in calculating the outstanding wages and allowances …” More
This is an application for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim against the defendant is for payment of a sum of US$201 335.63 in respect of inputs and funding given to the defendant for the growing of soya beans and maize during the 2012/2013 agricultural season. The plaintiff also claims interest on the amount stated above at the rate of 5% per month, together with costs of suit on the attorney-client scale. The claim is contested by the first defendant. The claim against the second defendant was withdrawn with the consent of... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 18th June 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 23rd of June 2021. The application is opposed by the 1st and 2nd respondents. 3rd and 4th respondents did not file opposing papers and did not participate in this hearing. I understand their position to be that they are content to abide by the order of this court, whatever it is. Applicant seeks an order couched in the following... More
On 4 July, 2017 I issued an order by consent in case number HC 3167/10. The order read as follows:
“It is ordered that:
1. A decree of divorce be and is hereby granted.
2. Custody of the parties’ minor child, Krystal Akatendeka, born on the 31st
October, 2009, be and is hereby awarded to the plaintiff, subject to the defendant’s rights of access to her at all reasonable times and upon reasonable notice having been given. More
The Magistrates Court sitting at Chitungwiza ordered the 3rd respondent to deliver to the appellant, an embroidery machine which has become the central issue in this matter. This was after the appellant had filed a court application against the 3rd respondent seeking delivery of the machine on the basis of a loan of US$4200 that the 3rd respondent had borrowed but failed to repay. The 1st respondent laid claim to the machine stating by way of an affidavit that it was hers having purchased it from the 3rd respondent resulting in the 2nd respondent causing the issuance of interpleader summons... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The grounds of appeal read,
“1. No evidence was led to prove the allegations for example there were no witness (sic) to substantiate the allegations.
2. The Appellant was convicted on mere allegations.
3. The Appellant gave evidence which was not contradicted and therefore should have been acquitted. The evidence given by the Appellant shows that he had not committed any form of misconduct and therefore the finding of guilt was not justified.
4. There was no proper trial.” More
Plaintiff issued summons against the defendants claiming the following damages arising from injuries he allegedly sustained when he was shot at on the 14thJanuary 2019 during violent demonstrations in Epworth.
He claimed the following damages:
a) Special damages for hospital and medical expenses.
b) Special damages for past loss of earnings.
c) For loss and or reduction of future earnings.
d) For future medical expenses.
e) Being general damages for nervous shock, pain and suffering, humiliation, embarrassment, affront to dignity and degrading treatment.
f) For permanent disfigurement, permanent disability and loss of amenities of life. More
