The appellant is appealing against the whole judgment of the High Court (the court a quo) in which it upheld the first respondent’s suit against the appellant claiming a declarator and a half share of Usaramu Farm (the Farm), whereupon the court a quo issued the following order:
“Accordingly therefore it is hereby ordered as follows:
1. It is hereby declared that Usaramu Farm was jointly acquired by the Plaintiff and the late Christen Chauraya.
2. The plaintiff’s claim for a half share in the farm is hereby allowed to an extent whereby parties have to take appropriate legal steps... More
On 19 July 2019, applicant applied for bail pending appeal seeking the following relief:
“IT IS ORDERED THAT:
1. The bail pending appeal be and is hereby granted on the following conditions:-
(i) Applicant deposits cash in the sum of RTGS$100 to the Clerk of Court, Rusape.
(ii) Report once to Glen View Police Station on the last Friday of each month until the determination of the Appeal.
(iii) The Applicant is to reside at 7252 96th Crescent, Glen View Area 8, Harare, until the determination of the Appeal.”
The bail application appeal is opposed by the State. More
1. This is a meritless application for leave to appeal out of time and to prosecute such appeal in person.
2. Having stolen two she goats, one heifer, one steer and one he goat the applicant pleaded guilty to, and was convicted of four counts of stock theft as defined in s 114(2)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. He was sentenced as follows:
Count one: 9 months imprisonment of which 3 months imprisonment was suspended for 5 years on the usual conditions of good behavior.
The remaining 9 months imprisonment was suspended on condition... More
This is an application for bail pending trial. The Respondent opposed the application on the basis that the applicant if admitted to bail is likely to abscond. Also his accomplice has not yet been accounted for.
The applicant is facing allegations of Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The brief factors are that the applicant is alleged to have teamed up with an accomplice who is still at large. They approached the complainant and the accomplice stabbed the complainant once in the stomach while the applicant was also wielding a... More
The plaintiff issued summons claiming US$250 000-00 being damages for malicious arrest, detention and prosecution as a result of the first defendant’s conduct during the course and scope of his employment with the second defendant. More
The plaintiff issued summons against the defendants seeking an order declaring him the sole holder of the rights, title and interest in a certain piece of land situate in the district of Salisbury called Stand 757 Kambuzuma Township measuring 255 square metres held under Deed of Transfer No 1251/2012 also known as Stand No 757 Section 3 Kambuzuma, Harare. He also seeks an order that second defendant be ordered to, within three days of service of the order of court upon him, rectify the said Deed of Transfer No. 1251/2012 by deleting the first defendant’s name as registered co-owner of... More
On 14 January 2025 this court handed down an order by consent where the parties hoped to settle their matter out of court. The out of court settlement failed, resulting in the matter being re-enrolled for 24 January 2025. On 24 January 2025 the matter which was an appeal at the instance of the employer was heard leading to this judgement. A point in limine vis the propriety of the appeal was raised but failed due to lack of foundation. The point therefore does not form part of this judgement. More
The applicant appeared before the Magistrate Court on a charge of performing indecent acts with a young person as defined in s 70 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. After a contested trial the applicant was convicted and sentenced to 24 months imprisonment, 6 months of which were suspended for 3 years on the usual conditions of good behaviour. The conviction and sentence was on 19 February 2018. He lodged his appeal with this court on 26 February 2018. More
The background to his application is that the applicant was convicted by the Magistrate sitting at Harare on a charge of negligent driving as defined in s 52(2) of the Road Traffic Act, [Chapter 13:11]. On 9 March 2018, the applicant was sentenced to pay a fine of $400.00 in default of payment 4 months imprisonment. The applicant was not satisfied with his conviction and sentence. He noted an appeal against both conviction and sentence to this court as he was entitled to. The applicant’s appeal was dismissed in its entirety by judgment of the appeal court delivered on 19... More
The applicant is a former Chief Executive of First Mutual Limited. First Mutual Society was an insurance company offering products associated with life insurance and the provision of pension benefits and investments. Some time ago it undertook a demutualization process as a result of which shares were offered to members of the general public on 17 November 2003. As a result of the demutualization a limited liability company came into being as First Mutual Limited (FML). It was decided within FML itself that in order to motivate staff to perform better a certain percentage of the shares should be availed... More
The applicant was convicted by the regional magistrate at Harare on 15 March 2017 on two counts of attempted armed robbery “as defined in s 189 as read with s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] and on one count of possession of a fire-arm without a fire arms certificate as defined in s 4(1) of the Fire arms Act, [Chapter 10:09]. The details of the two charges of armed robbery were that, on 14 January 2017, the accused whilst armed with a pistol which is the subject of the charge of unlawful possession of... More
This is an application for rescission of a default order in terms of section 92 C (1) (c) of the Labour Act [Chapter 28:01]. The applicant alleges that the order was granted in error, which allegation is disputed by the respondent. The record of proceedings indicated that on 31 March 2015 the following order was made in the matter referenced LC/H/1141/2014: More
This is a combined appeal and review application and for convenience, I will deal with the application for review first.
Applicant was in Respondent’s employ as a Technician Mechanic. As part of his duties, on the 9th January, 2019 applicant carried out a major service on a client’s motor vehicle. What constituted major service was not an issue. It inter alia constituted removing the tyres and putting them back on the motor vehicle. After completing the service, the motor vehicle went through quality control, washing and was parked at the collection bay awaiting collection by the client. More
The plaintiff instituted eviction proceedings against the defendant before this court. He claimed for the eviction of the defendant from stand no 936 Glen Norah Township Harare and holding over damages of $330.00 per month from the date of summons to date of vacation. The plaintiff also sought an order for costs on a higher scale. The plaintiff claimed that he is the owner of Stand 936 Glen Norah Township and that the defendant is unlawfully occupying the premises. More
