This is an application for summary judgement on a summons claiming the following relief: (a) the termination of a lease agreement entered into between the parties on the 1st of December 2003; (b) ejectment of the respondent from the leased premises; (c) payment of arrear rentals; and (d) payment of holding over damages. More
Applicant is the lawful occupier of premises known as Parkview Weizman Sports Club (hereinafter referred to as the premises). Applicant holds a lease with the City of Bulawayo dated 8 June 1956. In or about the year 2001 applicant entered into a verbal sub-lease agreement in terms of which respondent took occupation of a portion of the premises. Respondent leases the premises for the purposes of operating a bar and a hall. In terms of the verbal lease respondent was obliged to pay rentals amounting to US$60 per month. Applicant alleges that respondent has not paid rentals since October 2015.... More
In this civil trial the plaintiff seeks specific performance. Plaintiff claims delivery of three Toyota Hilux motor vehicles (2.5 double cab manual 4x4.) In the event of failure to deliver the motor vehicles, the plaintiff seek an order authorizing the Sheriff to recover the said motor vehicles from the defendant and hand over the same to the plaintiff. More
The respondent sought a protection order against the appellant in terms of s 8 of the Domestic Violence Act [Chapter 5:16]. She contended that the appellant was of violent disposition, and had subjected her to physical, emotional, psychological and economic abuse. After reading papers filed of record and hearing the parties the court a quo found that the respondent had proved a case of domestic violence as defined in the Domestic Violence Act. More
The dispute between the parties is steeped in the realm of employment law. The bare bones are that applicant who is the largest shareholder in second respondent with a 19.42% shareholding, used to be employed by second respondent as the managing director - (This in fact constitutes the main bone of contention between the parties – respondents aver that applicant verbally resigned the post in early 2010 as can be gleaned from minutes of a meeting held on 3 May, 2010 chaired by the applicant at which he introduced doctor Saungweme who took over from him as the new managing... More
The Applicant (respondent in this appeal) filed an application in the Magistrates Court seeking inter alia restoration of the status quo ante before the spoliation and that the respondents (Appellants in this matter) and anyone acting through them be ordered to vacate the property known as Lot 1 of Lot 2 of Derbyshire, Harare. The applicant also wanted the Respondents interdicted and restrained from asking, encouraging or instructing any of their employees or agents from visiting or invading the mentioned property, and that they be interdicted and restrained from visiting the property of the Applicant. In opposing the application, Respondents... More
This is an appeal against the decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from employment by the Staff Disciplinary Committee (Disciplinary Committee).
The brief facts of the matter are that the appellant was employed by the respondent as a driver. In the course of his duties, he drove the respondent’s staff bus on 28 June 2020. It is alleged that about 120 litres of diesel was siphoned from the bus during the period the appellant had custody of the bus. As a consequence, the appellant was charged with misconduct, under the respondent’s code of... More
This is a court application for a declaratory relief declaring that members of the Zimbabwe Republic Police are acting unlawfully by spiking public and private motor vehicles in urban areas, particularly in Harare, are acting unlawfully by smashing the windscreens of public and private motor vehicles alleged to be infringing the law and are acting unlawfully by applying excessive force in dealing with alleged road traffic infractions in urban areas, particularly in Harare central business district. The Applicants are seeking an interdict prohibiting members of the Zimbabwe Republic Police employed by the second Respondent and working under the command of... More
This application for condonation of late noting of appeal and extension of time within which to note an appeal against conviction and sentence has no merit and is dismissed. More
this is an application for a provisional order by the applicant in the following terms:-
“TERMS OF TIMBER OF THE ORDER SOUGHT AND GRANTED
Pending the finalization of this matter:
1. The sixth and seventh respondents or anybody claiming through them be and I hereby interdicted from processing or acting upon the affidavit of resignation filed and signed by the applicant on 5 July 2008 at Nyamaropa.
2. The first, third, fourth and fifth respondents and anybody claiming through them be and are hereby interdicted from harassing, intimidating, assault and applying unlawful pressure or his lawful agents with the aim... More
On 11 August 2021 parties appeared before me under case number HC 144/21 and by consent the matter was postponed to 13 September 2021. On 13 September 2021 the application was by consent struck off the roll of opposed matters. Parties agreed that case number HC 26/20 be consolidated with case number HC 144/21. Under case HC 26/20 Pathacres (Private) Limited was the applicant seeking the following relief: More
This is an application for condonation and extension of time within which to appeal against the decision of the High Court in terms of r 43 (1) of the Supreme Court Rules, 2018. The application is opposed. More
The respondent is the applicant’s tenant. The parties are engaged in litigation under case Number HC 5940/2010 wherein the applicant has instituted eviction proceedings against the respondent. More
