This is a claim for an order of specific performance. The plaintiff, a registered company, seeks to have the first and second defendants compelled to take all necessary steps to effect transfer to it certain immovable property it purchased from them. In the event of the latter’s failure or refusal to co-operate in this regard, the plaintiff seeks an order authorizing the sheriff (i.e., the fourth defendant) to do so in their stead. The claim comes in wake of an agreement of sale in respect of the said property entered into between the second defendant and her late “husband”, Maxwell... More
This is an urgent chamber application for an order staying the processing or finalization or confirmation of the sale of an immovable property known as Stand No. 567 Eagles Place, Borrowdale Broke, Harare. The property was sold to the second respondent by the Sheriff, the third respondent herein, on 12 October 2018 pursuant to a divorce order granted by this court in case No. HC 4713/05. The application is opposed by the first respondent. The first respondent has raised objections in limine to the determination of the matter on the merits. The objection that the matter is not urgent was... More
At the conclusion of the oral submissions the court dismissed the appeal stating that the reasons would follow. The following are the reasons:
The appellant was employed by the respondent as a waitress. During the course of her duties she had occasion to attend to a customer who came in for breakfast with his invited persons. The customer, in appreciation of services rendered, wrote to the respondent via e-mail that he commended the respondent in a job well done. The respondent checked with the CCTV and documents and found that the appellant was the one who had served the customer.... More
The background to this matter is as follows:
The Respondents were being represented by Messrs Dube, Manikai and Hwacha. On 7 May 2013 Appellant filed her heads of argument and such heads were served upon Respondents’ legal practitioners. Respondents had 14 days within which to file its heads of arguments. For various reasons Respondents’ legal practitioners failed to file such heads of argument. On 4 June 2013 Respondents were served with a notice of set down to appear in this court on the 13th of June 2013. On 12 June 2013 Respondents’ lawyers filed a notice of renunciation of agency.... More
: The appellants and Linceman Usaihwevhu were jointly charged with one count of bribery. They pleaded not guilty. Linceman was acquitted at the end of the state case. The appellants were put on their defence and were subsequently convicted and each sentenced to 12 months imprisonment of which 2 months were suspended on conditions of good behaviour. The $1500.00 they had offered to the Police officer was forfeited to the state. More
The parties contracted a customary union in 2006. On 29 November, 2008, the parties upgraded their union into a Civil Marriage in terms of the Marriage Act, [Chapter 5:11]. The plaintiff had a daughter, Tadiwanashe, from a previous relationship while the defendant had two daughters from a previous marriage. There was no child born out of the marriage between the parties. The marriage certificate was produced as exh 1. More
The background of the case is that on 12 February 2013 Appellant was requested to relieve the Managing Director’s Secretary, Lauren Maungana in the morning. When Lauren came back in the afternoon she discovered that the Appellant had accessed her profile and forwarded personal emails and part of her CV to one NaumeNyaira. NaumeNyaira had sent a response which indicated that she had received the said information. Appellant had deleted the emails in question from the “sent” folder. Lauren reported to the Human Resources Manager who held a counseling session with the two in an endeavour to resolve the matter... More
The appellant was charged with and convicted on one count of stock theft. He had pleaded not guilty to the charge. The brief facts of the case are that the appellant is alleged to have connived with five others to steal the complainant’s two oxen from farm Number 195 Rowa West Zimunya, Mutare. He is alleged to have hired Antony Chinyamutangira to transport two slaughtered oxen from the Zimunya area, to his house. He is alleged to have taken Wedzerai Masunda, Charles Masvosva, Alfred Sando Louis and Paul Feausi to Antony Chinyamutangira’s house in Chikanga. Antony Chinyamutangira and the four... More
In July 2009, my brother HLATSHWAYO J, heard an application under case number HC 4327/08 as consolidated with another application under case number HC 2792/09. The parties to those applications were the Diocesan Trustees of the Diocese of Harare (as applicants) and the Church of the Province of Central Africa (as respondents). In this judgment I shall refer to the latter as “the mother church”. In that consolidated application, HLATSHWAYO J made an order declaring Bishop Dr Nolbert Kunonga and six others to be the Diocesan Trustees of the Diocese of Harare, a diocese under the mother church. It was... More
The facts in this case are largely common cause. Respondent was employed by the appellant. Following respondent’s termination of employment by appellant, the dispute between the parties ended up in arbitration. The issue before the arbitrator was to determine whether respondent was owed by the appellant in unpaid salaries. The arbitrator found in favour of the respondent. Appellant has appealed to this court. More
It is a common cause between the parties that after the decision was handed down in August of 2021 the appellant filed an appeal in the Labour Court. That appeal was never prosecuted to its finality. They responded argue that the appeal is still pending before the labor Court but the appellant argued that it was abandoned More
This is a matter where the respondent conceded before me that there were procedural irregularities in the manner the disciplinary hearing has been conducted though they did not file any response or heads of argument. More
This is an opposed chamber application for condonation of late noting of an appeal and extension of time within which to appeal in terms of r 43 of the Supreme Court Rues, 2018. More
