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On 31 March 2008, a silver C180 Mercedes Benz was stolen at gunpoint in Capton Park, South Africa. On 5 April 2008, the applicant presented the motor vehicle for customs clearance at Chirundu Border Post, en route to Zambia. He was in the company of another, a Zambian national, William Mbiya Kalala. The applicant presented the registration of the motor vehicle to customs officials and this was found to be false and not tallying with the numbers punched onto the body of the motor vehicle. He was arrested and charged with possession of a motor vehicle reasonably believed to have... More

The appellant was employed by the respondent. He had grievances against the employer. The relevant NEC was approached. In a letter dated 30 September 2008 the appellant wrote to the relevant National Employment Council (NEC) along the following lines: “I hereby wish to submit my appeal for intervention by your good office in order to address my grievances. I am an employee of Pharmanova (Pvt) Ltd initially employed as a bookkeeper up to September 2005. I was transferred to the maintenance department to work as a logistics officer in order to avoid retrenchment. A position they regarded as low level... More

This is an urgent chamber applicant for stay of execution of the judgment in HC 877/22. The judgment was granted in default of the applicant on 2 March 2023 following the failure by the applicant to attend the pre-trial conference. More

The appellant appeared before a Provincial Magistrate sitting at Lupane Magistrates Court facing a charge of Contravening Section 49 of the Criminal Law (Codification and Reform) Act, Chapter 9:23, namely culpable homicide, to which he pleaded not guilty. He was however convicted and sentenced to pay a fine of $600 or in default of payment 6 months imprisonment. He also had his driver’s licence endorsed. Dissatisfied with the conviction the appellant appealed and took issue with the court a quo’s decision on the following grounds:- 1. The court a quo grossly misdirected itself on the facts that no court faced... More

: On 11 July 2007 the applicant and the first respondent in his capacity as executor of estate late EmureSaini, entered into an agreement of sale whereby the first respondent sold to the applicant right, title and interest in stand number 1899 Ruwa Township (the property). The purchase price was in the sum of six hundred and eighty million dollars ($680 000 000.00) and has paid in full. In terms of the agreement, the applicant was entitled to occupy the property or signing of the agreement but he did not. More

These two matters were consolidated following an application made by defendant in HC 1141/09 and plaintiff in HC 2256/19. For ease of reference I will refer to the plaintiff in HC 1141/09 as “the Trust” and defendant in HC 1141/09 who is plaintiff in HC 2256/19 as “Mercy.” More

This is an application for rescission of a default judgment granted by this Court on 2 July 2012. More

On 24 July 2013, I granted the following interim relief in favour of the applicant: “That pending determination of the dispute between the applicant and the 1st respondent by the arbitrator, the applicant is granted the following relief: More

This is an appeal against an arbitral award which was made in favour of the respondent (“employees”) against the appellant (“employer”). Facts of the case are that the respondents who are in the respondent’s employ approached the arbitrator arguing that the appellant had committed an unfair labour practice by paying them salaries lower than their colleagues who are employed by the appellant. The claim before the arbitrator was also to determine whether the respondents were Council employees or Civil Servants whose salaries had to be paid as per Public Service scales. At arbitration it was ruled that the respondents were... More

This is an appeal against an arbitral award that set aside Appellant’s Disciplinary Committee’s decision which found Respondent guilty of misconduct and imposed a penalty of demotion. More

The appeal was noted as against the arbitral award handed down on 19th January 2012. More

This is an application for review seeking to set aside the decision by the 2nd respondent dismissing applicant’s application for discharge at the close of the State case and putting applicant to its defence. More

The applicant seeks a mandament van spolie against the respondent. Its draft order reads as follows: “IT IS HEREBY ORDERED THAT: 1. The application for an order restoring the application to possession of number 750 Gaydon Road, Greystone Park, Harare succeeds. 2. The respondents and all those claiming occupation through it, are ordered to immediately vacate the premises at number 750 Gaydon Road, Greystone Park, Harare. 3. In the event that the respondents do not vacate the premises within twenty-four hours of this order, the sheriff of this court is hereby authorized to give effect to this order by evicting... More

The applicant seeks leave to execute a judgment granted by this court on 9 April 2021 under HC 912/21 pending the hearing and determination of an appeal lodged by the respondent in the Supreme Court under SC 80/21. Essentially, the applicant was granted spoliation order which restored it to possession of No 750 Gaydon Road, Greystone Park Harare (“the property”), and also ordered the respondent and all those claiming through it to vacate the same property. The respondent’s appeal suspended the judgment under HC 912/21. More

The applicant approached this court seeking rescission of a judgment in terms of r 449 of the old rules of this court and also in terms of common law for declaratory orders and ancillary relief. The first, second and fourth respondents raised the following points of law; 1. (a) Prescription (b) Material dispute of fact (c) Application defective and bad at law (d) Locus standi (e) Material nondisclosure of facts (f) Res judicata among others and More