This is an opposed application in terms of which applicant Pangoula Farm P/L seeks the following declaratory orders against the City of Harare that
1) Applicant is exempt from payment of rates in respect of its property Pangoulia Farm of Stembrick in terms of s 8 (2) of Statutory Instrument 199 of 1985.
2) The purported demand of rates by the respondent in the sum of $171 299.91 is a nullity.
3) The respondent’s attempt to collect and levy sales from applicant, is therefore null and void. More
The applicants were employed by the respondent in different capacities. The applicants raised a grievance claiming they were being underpaid and nonpayment of shift allowances. The matter was subsequently referred to an arbitrator Honourable Chavura. The arbitral award, whose interpretation is the basis of this application was made in the following terms
“… I order that they (applicants) be paid the balance of their wages and the outstanding shift allowances, plus interest of 30% per annum. The union should assist the employer in calculating the outstanding wages and allowances …” More
This is an application for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim against the defendant is for payment of a sum of US$201 335.63 in respect of inputs and funding given to the defendant for the growing of soya beans and maize during the 2012/2013 agricultural season. The plaintiff also claims interest on the amount stated above at the rate of 5% per month, together with costs of suit on the attorney-client scale. The claim is contested by the first defendant. The claim against the second defendant was withdrawn with the consent of... More
These are two appeals which, by agreement of the parties at the pre-trial hearing [PTH], would be determined together because of the similarities of the issues. No facts were in dispute. Therefore, viva voce evidence was dispensed with. The parties filed a very concise statement of agreed facts. More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 18th June 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 23rd of June 2021. The application is opposed by the 1st and 2nd respondents. 3rd and 4th respondents did not file opposing papers and did not participate in this hearing. I understand their position to be that they are content to abide by the order of this court, whatever it is. Applicant seeks an order couched in the following... More
On 4 July, 2017 I issued an order by consent in case number HC 3167/10. The order read as follows:
“It is ordered that:
1. A decree of divorce be and is hereby granted.
2. Custody of the parties’ minor child, Krystal Akatendeka, born on the 31st
October, 2009, be and is hereby awarded to the plaintiff, subject to the defendant’s rights of access to her at all reasonable times and upon reasonable notice having been given. More
The Magistrates Court sitting at Chitungwiza ordered the 3rd respondent to deliver to the appellant, an embroidery machine which has become the central issue in this matter. This was after the appellant had filed a court application against the 3rd respondent seeking delivery of the machine on the basis of a loan of US$4200 that the 3rd respondent had borrowed but failed to repay. The 1st respondent laid claim to the machine stating by way of an affidavit that it was hers having purchased it from the 3rd respondent resulting in the 2nd respondent causing the issuance of interpleader summons... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The grounds of appeal read,
“1. No evidence was led to prove the allegations for example there were no witness (sic) to substantiate the allegations.
2. The Appellant was convicted on mere allegations.
3. The Appellant gave evidence which was not contradicted and therefore should have been acquitted. The evidence given by the Appellant shows that he had not committed any form of misconduct and therefore the finding of guilt was not justified.
4. There was no proper trial.” More
Plaintiff issued summons against the defendants claiming the following damages arising from injuries he allegedly sustained when he was shot at on the 14thJanuary 2019 during violent demonstrations in Epworth.
He claimed the following damages:
a) Special damages for hospital and medical expenses.
b) Special damages for past loss of earnings.
c) For loss and or reduction of future earnings.
d) For future medical expenses.
e) Being general damages for nervous shock, pain and suffering, humiliation, embarrassment, affront to dignity and degrading treatment.
f) For permanent disfigurement, permanent disability and loss of amenities of life. More
This is an appeal against the decision of the respondent employer finding the appellant employee guilty of conduct inconsistent with his employment and penalizing him with dismissal. The appellant raises 9 grounds of appeal but they all culminate into a single appeal ground that the appellant is not happy with the penalty which was meted out on him. He argues that he should have received a lower penalty taking into account that the stolen gun was not stolen in his custody but in the custody of another officer one who was well trained to use the gum and who he... More
This is an application for leave to appeal to the Supreme Court at the instance of the applicant employee. This application is made pursuant to this court’s judgment of 10 July 2015 where it confirmed the arbitrator’s decision where he had ruled that the applicant employee could not have his appeal dealt with out of time as the model code does not provide condonation provisions to be used in cases where a party seeks relief out of time.
The basis for the instant leave to appeal application is that this court erred on a point of law by agreeing with... More
The appellant appeared before a High Court circuit at Hwange facing two counts of murder. After hearing evidence, the High Court found the appellant guilty of murder with actual intent. Both counsel involved in the trial then addressed the court on the question of extenuating circumstances. Having found that none existed, the court then imposed the ultimate sentence of death in respect of each count. The present appeal is against that determination. More
The appellant was on his own plea of guilty convicted by a Bindura Magistrate for contravening s53 (2) of the Road Traffic Act [Cap 13.11] (Reckless Driving). He was sentenced to 3 years imprisonment of which 1 year imprisonment was suspended on the usual condition of good behaviour. He was prohibited from driving for a period of 2 years and his driver’s licence was cancelled. The facts were that on the3rdApril the appellant was driving a public service vehicle, a Toyota Hiacecombi with passengers along the Harare- Bindura road. At the 39 km peg he tried to overtake two VIP... More
