On the 12th of October 2023 I granted an order in H5397/21 in the following terms;
1. The point of law raised by the First Defendant be and is hereby dismissed
2. The application for amendment be and is hereby granted.
3. The Plaintiff summons and pleadings be and are hereby amended to read Olympia Farm (Private) Limited.
4. No other amendments are permissible without the leave of the court
5. No order as to costs. More
The applicant is a company registered and operating in Zimbabwe and carrying on mining operations. The respondent is the Zimbabwe Revenue Authority (ZIMRA), an administrative authority established in terms of the Revenue Authority Act [Chapter 23.11] tasked with the obligation to collect taxes and other statutory dues and fees. The applicant holds in its possession some virgin land which it has held for over 30 years as an investment. The applicant has decided to start a new venture wherein it will develop this land and subdivide it into residential/housing stands. As the project to develop this new line of business... More
The applicants are siblings and the 1st respondent was the testamentary executor of their deceased father’s estate whilst the second respondent is the applicants’ stepmother. More
This is an urgent chamber application for stay of execution. The draft order is in the following terms:
“Interim relief granted
Pending determination of this matter and the matter under case number HC 1435/20, the applicants are granted the following relief:-
1. The respondents be and are hereby interdicted from causing the issue and/or executing the warrants of execution issued in case number HC 3896/12 for payment of US$6 750 or its equivalent as the date of payment, interest on that amount at the rate of 5% per annum calculated from 22 June 2011 to date of payment.
2. In... More
This case is an urgent chamber application wherein the applicant seeks an interdict against the respondent enjoining it from taking possession of the machinery located at applicant’s premises at No. 65 VA Great Riversdale Farm Ward 22, Mazowe. The relief is sought to ensure the preservation of the subject machinery as security for the determination and recovery of applicant’s legal entitlements, including compensation for the respondent’s breach of the agreement between the parties. More
On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of Zimbabwe African National Union (Patriotic Front) ‘ZANU PF’ for the House of Assembly seat in the constituency of Dzivarasekwa. The first respondent contested the seat on behalf of the Movement for Democratic Change ‘MDC’. The second respondent was responsible to conduct and supervise the polls. The first respondent was declared the winner of the Dzivarasekwa seat. More
The applicant alleges that it duly submitted its income tax assessment for the relevant years 2020 to 2022 within the stipulated submission deadlines and settled its dues in full using the legal tender of the country being the Zimbabwe Dollar. A total amount of ZWL 183 392 906.00 was paid. In addition, a further amount of US$180 000.00 was paid in an attempt to reach an amicable settlement to this matter. Despite the applicant’s conviction that it had properly discharged its obligations, the first respondent, on 28 April 2023 issued tax assessments covering the years 2020 to 2022. These assessments... More
At the commencement of the hearing the counsel for the first respondent applied for condonation for late filing of its heads of argument. The counsel for the applicant also applied to amend his answering affidavit. Both applications were not opposed by either side and were duly granted. More
On 8 October 2007, this court granted the applicant a provisional order in terms whereof the applicant was granted the right to retain possession of a Mazda B1800 registration No AAG 9397. Part of the order gave the applicant the obligation to retain the vehicle in a safe place and ensure that it was not damaged or destroyed. More
The appellant appeared before the Regional Magistrate for the Eastern Region sitting at Harare charged with six counts of rape involving four women. The allegations were that he raped four adult female members of his church during the period extending from 2015 to 2016. Counts one and two were reported by one Sarah Mhere, count three by Sarah Kadzere and counts four and five by Mercy Nhepura and count six by Evelyn Chinzou.According to the State the appellant raped the three women in counts 1 to 5 at his prayer house situated at stand 7937 New Canaan, Highfield. The sixth... More
This is an Election Petition brought in terms of Section 133 as read with Section 167 of the Electoral Act [Chapter 2:13] [the Act]. The election under challenge relates to the Local Authority for Ward 28 Councilor in NKAYI SOUTH Constituency in rural Matabeleland North Province. The Polling took place on 23 August 2023. The results of the election were announced on 24 August 2023. At the commencement of the hearing, the Petitioner withdrew the petition against the 1st and 2nd Respondents. The withdrawal was wisely taken, consensual, and without a tender or demand for costs. More
: This is an urgent chamber application for an interdict against the 1st and 2nd Respondents, to forthwith stop the drilling and installation of a borehole at a certain piece of land situate in the District of Salisbury called Stand 16876 Salisbury Township, measuring 5 829 square metres (the property) pending a hearing and determination of the dispute between 1st Respondent and other co-owners of the property, as contemplated by the Notarial Deed giving rise to the undivided shares and exclusive rights of occupation in the said property, and/or the determination by a competent court of the dispute. More
The applicant was employed by the respondent as its General Manager under the Properties Division. The Division was later established into a company called Old Mutual Investment Group - Property Investments. In June 2010 the respondent sought permission from the Retrenchment Board to retrench the applicant. The Retrenchment Board granted authority. The applicant was aggrieved by the decision of the Retrenchment Board and referred a complaint to the labour officer. A certificate of no settlement having been then issued the matter was referred to compulsory arbitration under section 93 of the Labour Act [Cap 28:01]. More
