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
The appellant was convicted of 4 counts of contravening section 4 (1) as read with section 3 (1)(a) of the Domestic Violence Act Chapter 5:16 and sentenced to 36 months imprisonment of which 6 months were suspended for 5 years on condition of good behaviour. All the counts were taken as one for purposes of sentence. More
The plaintiff and the defendant were in a customary law union with effect from 2010 when the defendant paid lobola for the plaintiff. They lived as husband and wife from then and three children were born to them namely, Nicole, Norah and Fortune. During the subsistence of their union, the parties acquired various assets which include an immovable property known as No 29 Robert Mugabe Road, Kadoma, household goods and effects and there is a mining business set up which the defendant was running. More
The parties married each other in Harare on 14 December 1991 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with two children, namely Simbarashe Sithole born on 5 September 1992 (now a major) and Mutsawashe Unalina Sithole born on 5 August 1997.
There is an old saying which states that all good things come to an end. The parties now find that their marriage has irretrievably broken down. The plaintiff issued summons out of this court on 25 October 2006 seeking a degree of divorcee on the basis of irretrievable breakdown, an order of sharing matrimonial... More
The applicant in this matter was seeking a declaratur in the following terms:
“It is declared and ordered that:
1. The reappointment of the commission running the affairs of the City of Harare to serve a fourth term was unlawful, null, void and of no force and effect.
2. The appointment of an inquiring committee to inquire into the suspension of the applicant by the said commission was unlawful, null, void and of no force and effect.
3. The first respondent is not, at law, a Mayor of Harare and cannot, consequently, lawfully discharge any of the functions and exercise... More
1. This is an application for bail pending appeal. Applicant and his co-accused were convicted after a full trial by the Regional Magistrate sitting at Bulawayo on the 21st January 2022, on one count of contravening section 45(1) (b) as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14], as amended in section 11 of the General Law Amendment 5/2011(possession of specially protected animal trophy – pangolin carcas). They were sentenced to the minimum mandatory imprisonment of nine years. Aggrieved by both conviction and sentence, applicant noted an appeal to this court. The appeal is pending under... More
