The first, second and third respondents opposed the application on the grounds that, firstly, in limine, it was not urgent, it failed to disclose material facts and therefore sought to mislead the court and finally that it was fatally defective for failing to comply with the rules. Secondly, on the merits, the respondents argued that the review being sought has no merit as the fourth respondent acted properly in dismissing applicant’s ex parte application, no act of spoliation has in fact been committed as the first and second respondents have filed a complaint in terms Gazetted Lands (Consequential Provisions) Act... More
By default judgment of this court per MUREMBA Jgranted in Case no. HC 4536/16 on 8 April 2019. The respondent who was then married to the applicant was successful in obtaining an order of divorce with ancillary relief. The order ended the parties’ marriage. The applicant was adjudged to be in default. Amongst other orders granted in the divorce order was a declaration that two properties namely Stand 1127 Uplands, Waterfalls, Harare and House No. 14208-2 Kuwadzana, Harare be declared the sole and exclusive e properties of the respondent. More
The plaintiff’s claim as amended is for:
“Transfer of subdivision of Lot 1 of Lot 310 Block B Hatfield Estate upon payment to the defendants of the balance of the purchase price being the sum of $50 million.
Alternatively, damages in the sum of the purchase price of 2000 square meters of land in the same locality as Hatfield, as at the date of judgment.”
The plaintiff’s claim emanates from an agreement of sale that was executed on 14 May 2004. The agreement reflects that it was executed by and between Ndoda Hondo and the plaintiff. It reflects that Ndoda... More
The background to this action is that on 14 May 2004, the 1st defendant, purporting to be the 2nd defendant, entered into an agreement with the plaintiff for the sale of a subdivision of lot 1 of 310 Block B, Hatfield (the property). The plaintiff paid a sum of ZW$50 million towards the purchase price of ZW$100 million. He moved onto the property upon execution of the agreement and effected various improvements on the property. He was given the title deeds to the property as security for the 1st defendant’s performance of his obligations under the agreement. More
The applicant was employed by the respondent as the City Architect, for the city of Harare. As part of his duties there were at least twelve projects which required his expertise, supervision and leadership. Targets were set following agreement between him and his superior .The targets were not met. This resulted in him facing disciplinary proceedings.At the conclusion of the disciplinary proceedings he was dismissed from the respondent’s employ on 3 July 2019 for ‘gross incompetency or inefficiency in the performance of his work’ in violation of s4(f) of the Labour (National Employment Code of Conduct) , Statutory Instrument 15... More
This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 29 June 2022 which allowed the first respondent to amend his summons and declaration in a claim for an order confirming the validity of an agreement of sale between the parties. More
This is an appeal against the decision of the Negotiating Committee Appeals board for the Commercial Sectors of Zimbabwe (“N.E.C.”), where it confirmed the dismissal of the Appellant by the Respondent Company.
Facts of the case are that, the Appellant who was in the Respondent’s employ at the time of the alleged misconduct was brought before the Designated Agent on allegations of having stolen some cellphone lines which were being used by the Respondent Company for promotional purposes. He is said to have admitted his infraction before the designated agent. As a result of that admission he was found guilty... More
The brief background to the matter has to be put into perspective. The applicants, were served with summons on 2 August 2010 in which the first respondent claimed payment of an amount of $30 000.00. The applicants entered appearance to defend and filed their plea within the dice inducia. The plea was filed on 28 March 2012, Annexure C p 51. On 18 August 2015 the first respondent made an application to join in third and fourth respondent, which application was successful. The third and fourth respondents filed their pleas. The first respondent requested the first and second applicants to... More
The applicant has approached this court on a certificate of urgency seeking the following relief:
“INTERIM RELIEF SOUGHT
1. Pending the final determination of this matter first respondent be and is hereby barred from occupying and effecting any improvements and/or constructing any structures on a certain piece of land called stand number 1778 Chegutu township measuring 14 4481 hectares. More
Appellant was employed by the Respondent as a Mortuary Assistant. He is alleged to have received money and application forms from one Mrs. Mtandwa. These forms were for Mrs. Mtandwa’s relative who wanted to secure a vacancy as a student nurse. Appellant is alleged to have given the application forms and $200,00 to Mrs. Mokina for processing. Matters came to a head when this vacancy did not materialize and Mrs. Mtandwa made a report to the police. Appellant was brought before a Disciplinary Committee which recommended his dismissal. Appellant appealed to the Health Services Board which confirmed his dismissal. Appellant... More
This is an appeal from the Magistrates Court sitting at Mwenezi. The respondent made an application for a “Peace Order” and interdict. The application was opposed. The court a quo found for the respondent and made the following order:-
“Application for interdict is hereby granted as follows-
1. Respondents are hereby ordered not to disrupt meetings called by applicants pursuant to her duties as village head.
2. No order as to costs.” More
Initially my sister CHIGUMBA J after going through the papers filed opined that this application failed to meet the requirements of urgency and consequently ordered that the matter be removed from the roll of urgent matters. More
This is an appeal against a determination of the disciplinary authority/hearing officer of the respondent.
The appellant was employed by the respondent and was responsible for the weighbridge when it was alleged that he had been collecting money from weighbridge customers and had converted some of the money to his own use on 30 July 2014. He was then charged in terms of section 4 (a) and (d) of Statutory Instrument 15 of 2006 being “any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract” and “theft or fraud” respectively More
The applicants are game scouts at Bubiana Conservancy in Gwanda. They are facing a charge of murder as defined in section 77 of the Criminal Law (Codification and Reform) Act (Chapter 9:22). The applicants deny the charges. They have filed this application seeking bail pending trial. They aver that there are suitable candidates for bail and that there is no risk of abscondment. The state has opposed the application. The state argues that the applicants have offered a bare denial and the evidence against them is overwhelming as borne by the allegations in the Request For Remand Form 242. The... More
