The defendant was in default at the scheduled pre-trial conference held on 10 March, 2020. The Deputy Sheriff’s return of service of the notice of set down on the defendant of pre-trial conference was filed of record on 4 March, 2020. The return of service is advice No. 180686. It shows that service of the notice of set down was effected on 4 March 2020 at the offices of Mutandiro Chitsanga and Chitima legal practitioners for the defendant at 13:58 hours on Sheila Danda who accepted service thereof. The service address was 3 St Quintin Avenue, Eastlea, Harare. The pre-trial... More
[1] The first applicant is a registered owner of certain mining claims in Chakari Kadoma. On 13 February 2024 the first applicant entered into a tribute agreement relating to those mining claims with the second applicant. The tribute agreement was registered on 15 March 2024. The second applicant subsequently entered into a mining agreement with the third applicant on 21 June 2024. More
The applicant seeks a review of the decision of the second respondent denying the applicant leave to sue the first respondent which is under administration. The applicant is in the business of hiring out earth moving equipment. In the conduct of its business it hired out its equipment to the first respondent. The first respondent was subsequently placed under reconstruction in terms of the Reconstruction of State Indebted Insolvent Companies Act (the Act). The second respondent was appointed as administrator of the first respondent. More
At the conclusion of the trial both lawyers representing the parties’ undertook to file closing submissions, plaintiff on the 13th July 2018 and defendant on the 17th July 2018. Both counsel have, however, failed or neglected to do so notwithstanding the shared view that there was great need for such submissions. AdvocateT Zhuwarara put it succinctly and I quote “Submissions on the law as it relates to the contract of barter is of particular importance because there appears to be no jurisprudence in that area post-independence.” It is therefore regrettable that I have had to prepare judgment without the expected... More
Crossmill Enterprises sued out a summons at the Magistrates court against Pallematic Freight and Ncube. On 14 February 2023 the Magistrates Court granted a default judgment in favour of the Crossmill Enterprises, and the judgment is couched as follows:
i. Cancellation of the lease agreement entered into and between the parties on 2 August 2018 and any other subsequent addendums.
ii. Payment in the sum of USD$3, 727, 37 being in respect of arrear rentals and ZWL44,700.54 being in respect of arrear operating costs. Total arrears being USD$3,727.37 and ZWL44,700.54 payable as USD$ at the foreign exchange auction rate as... More
This is an application for an order evicting the 1st respondent from Stand No. 15724, Unit “P” Seke, Chitungwiza, and all others claiming rights of occupation in the stand. The applicant also seeks cession of the 1st respondent’s rights, interests and title in the stand to herself. More
: The applicant seeks, by way of an urgent chamber application, variation or correction of a judgment handed down by this Court on 14 January 2022, under Case No. HC 7099/21, Judgment No. HH 39-22.
In that judgment, the court ordered a stay of execution of an order granted by this court on 2 November 2021 per KWENDA J, MUCHAWA J and CHILIMBE J, under Case No. CIV “A” 77/21. Execution of this order was suspended pending the determination of an application for its rescission filed under Case No. HC 9097/21. The application for rescission was filed in terms of... More
The parties in this matter are former husband and wife. In apparently acrimonious and protracted divorce proceedings, my brother TAKUVA J wrote a full and comprehensive ten (10) paged judgment to resolve the divorce matter. The part of that judgment, that is relevant for these proceedings reads as follows: More
The plaintiff issued summons against the defendant claiming a total of USD32 861.00 (Thirty – two Thousand Eight Hundred and Sixty – One United States Dollars), being an amount arising from personal loans advanced to the defendant in August 2017 and June 2019, plus interest at the prescribed rate from the due date of payment to the date of final payment.
The plaintiff seeks an order compelling the defendant to settle the loan obligation in United States dollars (USD), arguing that the loan was a foreign obligation not affected by the provisions of Statutory Instrument 33 of 2019 (“SI 33/19”)... More
The applicant seeks a rescission of a default judgment granted by this court on 22 September 2014. In terms of the order the applicant was to pay US$17 255.41 with interest at the rate of 6% from 19 February 2014 to the date of full and final settlement.
It is not in dispute that the respondent issued out summons commencing action which was served on applicant on 19 May 2014. The applicant did not file any opposing papers. The respondent applied for a default judgment which was granted. A writ of execution was issued for the attachment of applicant’s moveable... More
Appellant was employed by the respondent as a controller. It was alleged that the appellant had negligently performed his duties and charges of misconduct were brought against him. He was brought before a Disciplinary Committee which found him guilty and dismissed him from employment. Appellant lodged his appeal in terms of the Code of Conduct. On the date the matter was scheduled to be heard, appellant raised technical issues at the commencement of the proceedings and walked out of the proceedings. The Appeals Committee proceeded to determine the matter and upheld the decision of the Disciplinary Committee. Appellant is dissatisfied... More
This is an application for condonation for late noting of appeal. The facts of the matter are as follows. The applicant was employed by the respondent. The applicant, together with other employees were charged with misconduct it being alleged that they stole from the respondent and absented themselves from work. The applicant was initially acquitted on the theft charge but was convicted on the charge of absenteeism. The applicant pleaded guilty to the charge of absenteeism. An appeal to the appeals officer resulted in the applicant being found guilty on the theft charge and he was dismissed from employment. The... More
This is an appeal against the decision of the Appeal Officer’s determination which upheld the decision to find the appellant guilty of acts of misconduct and to dismiss him.
At the hearing of the appeal the respondent’s representative raised preliminary points which challenged the grounds of appeal filed in casu. More
This is an application for condonation for late noting of an appeal and extension of time within which to note the said appeal. The background to the matter is that applicant has been before this court on numerous occasions seeking to challenge his dismissal from employment. A record two of the condonation applications were granted thus giving the impression that this court was satisfied that there was something meaningful out of the portended appeal which could detain this court.
The latest striking off order was made by the court on account of the fact that the grounds which applicant intended... More
The applicants approached this court seeking to register an arbitral award in terms of Article 35 of the Model Law, which is contained in the Arbitration Act [Chapter 7:15]. The application was opposed by the respondent. The background to this dispute is that: the applicants are holders of mining claims, known as the Pangolin claims. Sometime in 2015, the respondent encroached upon, and took some soil containing chrome ore. From these claims. The applicants discovered this and instituted proceedings under HC 7386/15. More
