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
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
1.Application be and is hereby granted.
2.The Respondents are hereby ordered to release the Applicant’s motor vehicle namely, a Toyota Hilux with Registration Number AGP3852. 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
