The respondent is a holder of a 99 year lease agreement in respect of Maketo Farm also known as subdivision 23 of Battle Fields. The three applicants who are Nyasha Makumbe, Ernest Zimunu and Willard Muchemenye individually entered into 20 year lease agreements with the respondent in 2018 and 2019. More
On 28 May 2010 the plaintiffs, who are husband and wife, issued summons against the defendants who are also husband and wife. The claim in the summons was for the following relief:
“a) That the defendant be ordered to pay the plaintiffs, jointly and severally
one paying the other to be absolved the sum of USD17 888.00 together
with interest thereon calculated at the rate of 5.5% from the 8th of
December 2008 to the date of full and final payment.
b) That the defendants’ motor vehicle being a Mercedes Benz ML 320
Registration number 807 – 543N be ordered... More
The appellant was arraigned before the court a quo on a charge of obstructing or endangering the free movement of persons or traffic as defined in a 38(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state’s contention being that on 15 January 2019 along Mutare – Burma Valley Road near Saburi Business centre, Chigodora both Lovemore Marima and Nyasha Mungwashu or one or more of them placed some scrap metals, logs and stayed on the road with the intention or realising that there was a real risk or possibility of obstructing the road or endangering free... More
This is an urgent chamber application in which the applicant seeks an order interdicting the seventh respondent from disbursing the dividend due to a company known as Dahaw Trading (Private) Limited for the 2021/2022 financial year directly to the first respondent until the shareholding dispute in respect Dahaw Trading (Private) Limited is finalized. On the return date the applicant seeks the nullification of the appointment of the first to fourth respondents as directors of Dahaw Trading (Private) Limited and the cancellation of the forms in terms of which these respondents were appointed as directors. Applicant also seeks an order that... More
This is an application for condonation of late noting of an appeal by the applicant employee. The employer is opposed to the grant of the condonation relief. The employee’s case is that he erroneously filed for review which application was consequently dismissed. He says due to his self-acting status he wasted the dies inducia for noting an appeal pursuing the ill-fated review application. He contends that he has a merited case on appeal. His argument is that theemployer casualties his labour and later replaced him with another employee where he legitimately expected to have his contract of work continue. It... More
The plaintiff issued summons against the defendant claiming payment of the sum of US$2 800.00 being the amount due and owing in terms of an acknowledgment of debt signed by the defendant on 13 July 2009 in terms of which the defendant undertook to make full payment to the plaintiff by 30 September 2009. Despite demand the defendant has not met this obligation. The plaintiff also claims interest at the rate of 5% per annum calculated from the date of service of summons and costs of suit on the legal practitioner – client scale. More
The accused person was aged 20 years, when he was tried and convicted of 2 counts of rape on a minor girl then aged 9 years, in 2022. He was sentenced to an effective 15 years from a sentence of 18 years with 3 suspended on good behaviour. He is appealing against both conviction and sentence. His grounds of appeal are basically that the court erred in making a finding that there was rape when the medical affidavit could not confirm the same. Further, that the evidence of the complainant was inconsistent as to the place where the rape took... More
The appellant appeared before a Harare Magistrate facing a charge of contravening s 157 (1) (A) ofthe Criminal Law (Codification and Reform) Act [Cap 9:23], (hereinafter referred to as the Code). The appellant was found in possession of dagga weighing 2 kgs hidden in a maize field. He pleaded guilty to the charge and was sentenced to 18 months imprisonment of which 6 months imprisonment was suspended for 5 years on condition that he does not during that period commit any offence involving unlawful possession or use of dangerous drugs for which he is sentenced to imprisonment without the option... More
The appellant was convicted of corruptly concealing from a principal, a personal interest in a transaction as defined in s 173 (1)(a)(i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (“the Code”). He was sentenced to 3 years imprisonment of which 2 years imprisonment was suspended on the usual conditions of good behaviour, to leave an effective sentence of 1 year imprisonment. He appealed against both conviction and sentence. More
On 26 June 2022 we dismissed the appellants appeal against the refusal by the lower court of rescission for default judgment on the basis that none of the material requirements for rescission had been met by the appellants. The delay was inordinate, the explanation for the delay was unsatisfactory and the prospects of succeeds on the merits were in our view nil.
The background facts against which rescission had been refused by the lower court were these. The appellants and the respondent went onto a joint venture to operate a college. Irreconcilable differences arose rendering it impossible to continue operating... More
On 7 January 2014, the appellant was admitted to the Avenues Clinic, a private hospital run by the respondent. At the time of admission, she was expecting her first child. She suffered a miscarriage a few days after she was admitted to the hospital. She then sued the respondent for damages as a result of the miscarriage. The matter proceeded to trial before the High Court. After the close of the plaintiff’s case, the respondent applied for absolution from the instance. The court ordered that the respondent be absolved from the instance and ordered More
The plaintiff and the defendant married each other on 16 April 2023 under the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17]. The marriage still subsists. The marriage was blessed with two minor children namely Anotidaishe Chimkwasu born on 11 December 2012 and Anesuishe Chimkwasu born on 20 January 2020. On 26 April 2023 the plaintiff sued out summons for divorce and ancillary relief. In her declaration, she stated that the marriage relationship between the parties had irretrievably broken down to such an extent that there are no reasonable prospects of restoration of a normal marriage relationship... More
This is an appeal against a decision of NEC Appeals Committee for the Welfare and Education Institution (NEC Appeals Committee) handed down on the28th October, 2014.
The Appellant is a duly registered private learning institution governed by the Collective Bargaining Agreement of the welfare and Education institution. The Respondent was until July 2014 employed by the Appellant as its bookkeeper. The Respondent was on the 1st of July 2014 charged with a violation of Schedule 4 Gross Misconduct offences under the relevant code i.e. NEC Welfare and Educational Institution Code of Conduct. More
This is an appeal against the decision by a designated agent reinstating the respondent (the employee) into his former position with no loss of salary and benefits. The designated agent also ordered the payment of back pay for two different periods and the appellant was not challenging the backpay which relates to the period the respondent was unlawfully dismissed. More
