The background to the matter as given by the applicants’ representative stems from an agreement the applicants had with the 1st respondent wherein funds were to be pooled together for a co-operative venture. The co-operative was to purchase land for the benefit of all the applicants. More
This is an application that purports to seek a declaratory order in terms of s 14 of the High Court Act [Chapter 7:06], together with what is termed “consequential relief.” The Applicants pray primarily for the setting aside of certain permits issued by the third Respondent (City of Harare) in favour of the 1st Respondent, Vonspring Investments (Pvt) Ltd. More
As will be illustrated, the manner in which this case was handled smacks of arbitrariness. On 10 May 2022 the applicant (for the purposes of clarity herein after referred to as “the accused”) appeared before the first respondent (hereinafter referred to as “the trial magistrate”) sitting at Chivhu on a charge of attempted rape as defined in s 65 of the Criminal Law (Codification and Reform Act) [Chapter 9:23] (The Code) as read with s 189 of the Code. More
The matter was set down in terms of rule 19(3)(a) of this court’s rules. At the time the appeal was filed Appellant was represented by Messrs Laita and Partners Legal Practitioners. Such Legal Practitioners were enjoined to file Appellant’s heads of argument upon receipt of a notice of response from the Respondent. They failed to do so. A notice of set down was sent to Appellant lawyers advising them of that day’s hearing. Appellant also confirmed that he informed his lawyers of record of the set down date. The lawyers informed Appellant that there would no longer be representing him... More
This is an application for contempt of court against the second respondent. The application is based upon the following background of facts: Sometime in 2014 a tender was flouted for the provision of security services to United Bulawayo Hospitals. More
DUBE-BANDA J: Before me is an urgent chamber application. This application was launched in this court on 7 July 2021. It was placed before me on the 12 July 2021, and I directed that it be served on the respondents together with a notice of set down for 14 July 2021. The application is opposed by the 1strespondent. The 3rdrespondent is cited in its official capacity because the implementation of the order sought by the applicant, if granted may require its services. At the commencement of the hearing, applicant withdrew the case and tendered costs in respect of the 2nd... More
On the 17th January, 2014 Appellant noted an appeal with this court against an arbitral award. The Arbitrator had held that Appellant was not constructively dismissed. The Respondent had not committed any unfair labour practice by transferring Appellant to another department. The Respondent had simply exercised its discretion. More
At the hearing of this application, I dismissed the application and gave brief reasons for my decision. The applicant has now indicated an intention to seek leave to appeal against that decision. What follows are my brief reasons for that decision. More
This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court (“court a quo”). The appellant, Nomathemba Banda, secured a loan from the respondent, FMC Finance (Private) Limited. The respondent contended that the appellant defaulted in her loan repayments and sued for the recovery of the balance outstanding. The court a quo granted summary judgment in favour of the respondent. For ease of reference and where the context allows the parties shall be referred to as in the court a quo i.e., the respondent as the plaintiff and the appellant as the defendant. More
1. This appeal is without merit.
2. The first and second appellants were convicted of seven counts of assault as defined in s 89 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). With all the counts treated as one for the purposes of sentence each appellant was sentenced to 20 months imprisonment of which 3 months were suspended for 5 years on the usual conditions of good behaviour. More
The appellants appeared before the magistrate at Bindura charged with unlawful possession of gold in contravention of the Gold Trade Act, [Cap 21:03]. Although they vehemently disputed the allegation, after a contested trial, their protestations did not win favour with the court. They were both found guilty and, on 18 February 2009, sentenced to the minimum mandatory five years imprisonment each. They still protest their innocence in the present appeal against both conviction and sentence. Having read the papers, we agreed with the concession by MrsFero, for the State, that the conviction is not supportable. More
The appellant was employed as a teller by the Respondent. She faced allegations of misconduct and was found guilty and dismissed. She appealed to the Local Joint Committee against the employer’s decision and the appeal was unsuccessful. She unsuccessfully appealed again to the negotiating committee. She has now noted this appeal against the decision of the negotiating committee. More
KABASA J: On 24th July 2020 an application was argued before me where the 1st respondent was the applicant in an application seeking condonation for late filing of an application for review. The decision that was sought to be reviewed upon the granting of the application was the 3rd respondent’s. I dismissed that application in a judgment which was handed down on 20 August 2020 More
