This is an appeal against the decision of the respondent employer finding the appellant employee guilty of conduct inconsistent with his employment and penalizing him with dismissal. The appellant raises 9 grounds of appeal but they all culminate into a single appeal ground that the appellant is not happy with the penalty which was meted out on him. He argues that he should have received a lower penalty taking into account that the stolen gun was not stolen in his custody but in the custody of another officer one who was well trained to use the gum and who he... More
This is an application for leave to appeal to the Supreme Court at the instance of the applicant employee. This application is made pursuant to this court’s judgment of 10 July 2015 where it confirmed the arbitrator’s decision where he had ruled that the applicant employee could not have his appeal dealt with out of time as the model code does not provide condonation provisions to be used in cases where a party seeks relief out of time.
The basis for the instant leave to appeal application is that this court erred on a point of law by agreeing with... More
The appellant appeared before a High Court circuit at Hwange facing two counts of murder. After hearing evidence, the High Court found the appellant guilty of murder with actual intent. Both counsel involved in the trial then addressed the court on the question of extenuating circumstances. Having found that none existed, the court then imposed the ultimate sentence of death in respect of each count. The present appeal is against that determination. More
The appellant was on his own plea of guilty convicted by a Bindura Magistrate for contravening s53 (2) of the Road Traffic Act [Cap 13.11] (Reckless Driving). He was sentenced to 3 years imprisonment of which 1 year imprisonment was suspended on the usual condition of good behaviour. He was prohibited from driving for a period of 2 years and his driver’s licence was cancelled. The facts were that on the3rdApril the appellant was driving a public service vehicle, a Toyota Hiacecombi with passengers along the Harare- Bindura road. At the 39 km peg he tried to overtake two VIP... More
The applicant in this matter was seeking for an order in the following terms:
“It is ordered that:
(1) The applicant be and is hereby declared the legitimate owner of stand number 5932 Mornington Extension, Kadoma;
(2) The repossession of stand number 5932 Mornington Extension, Kadoma by the respondent be and is hereby declared null and void;
(3) The respondent be and is hereby ordered to pay costs of suit.” More
The applicant seeks eviction of the respondent to whom it was leasing a take away and a superetteon its hospital premises,on the grounds that the lease has expired; that six months’ notice had been given to the respondent;and,lastly that the continued occupation is illegal. More
This is a matter in which Parirenyatwa Group of Hospitals sued Define Horizons (Private) Limited for:
(a) an order confirming the cancellation of a lease agreement between the parties.
(b) an order for the ejectment of the defendant and all those claimingoccupation through it from Parirenyatwa Hospital Superrette.
(c) payment of US$1 600.00 per month reckoned from 1 March 2015 to date the defendant vacates the premise
(d) costs of suit on an attorney and client scale if the defendant opposes this action. More
The plaintiff and the first defendant entered into a lease agreement in terms of which the first defendant occupied the plaintiff’s premises being number 2 Park Street, Harare. The second defendant bound herself as surety and co-principal debtor to the plaintiff for the due and faithful performance by first defendant of all its obligations in terms of the lease agreement. More
KABASA J: This is an urgent chamber application wherein the applicant seeks the following interim relief:-
“The 1st, 2nd and 3rd respondents jointly and severally, the one doing the others to be absolved, be and are ordered to forthwith upon service of this order on them, surrender immediate control of the premises known as No. 1A Dunlop Road, Belmont, Bulawayo to the applicant and pursuant thereto to remove all its locks, chains and other impediments placed or installed at the premises and to thereafter allow applicant undisturbed control and occupation of the premises.” More
On 7 August 2007, the plaintiff issued summons against the defendant claiming:
(a) Payment of the sum of US$763 068-00 being the balance due and payable by the defendant to the plaintiff in respect of buses sold and delivered to the defendant by the plaintiff at the defendant’s special instance and request which, despite demand, the defendant has failed and or neglected to pay to the plaintiff.
(b) Interest on the sum of US$763 068-00 at the rate prevailing from time to time in the Supreme Court of the United States of America with effect from 22 August 2004 to... More
It is trite law that when a court has handed down a judgment it becomes functus officio. This court may not therefore revisit its own judgment and seek to vary it. The court is not held functus officio only in instances where the provisions of Rule 449 of the High Court (Civil) Rules, 1971 are invoked. The residual right retained by this court to vary or rescind its own judgment may only be exercised where a judgment has been erroneously sought or granted. More
This is an application for leave to appeal to the Supreme Court by Parks and Wildlife Management (Applicant).
The background of this matter which resulted in this application is that:-
• On the 10th December, 2012 Applicant (then Appellant) filed a notice of appeal to this Court against an arbitral award. The case No. is LC/H/990/12.
• On the same date the Registrar of this Court served a notice of response in LC2 Form to Respondent’s legal practitioners of record Manase and Manase calling upon Respondent to file his response to the appeal.
• On the 18th December, 2012 Respondent... More
Parks and Wildlife Management Authority is a Statutory Body empowered to control, manage and possess Victoria Falls National Park in terms of the Parks and Wildlife Management Act [Chapter 20:14]. Its relationship with Defendant is that of Lessor and Lessee over a restaurant and Curio Shop situated in the Rainforest at Victoria Falls National Park. The Lease Agreement between the parties was signed on the 2nd of March 2018. The lease period is extant, running from 01 January 2018 to 31 December 2027. From 01 January 2018 to 31 December 2022, Defendant was to pay an annual lease fee/rent of... More
