On 2 October 2024 we delivered a brief ex tempore judgment dismissing the appeal against the decision of the Magistrate Court sitting at Kwekwe (“the court a quo”) granting the respondent’s application for summary judgment. We now provide written reasons for our decision at the behest of the appellant who made a formal request for the same. More
The parties squabble over copyright. The plaintiff pursued only the claims against the first defendant, the Harare Institute of Technology, [HIT], a tertiary institution established in terms of Zimbabwean law and the second defendant, a chemical engineering lecturer at HIT, (the defendants). The plaintiff a graduate and former student of HIT obtained a chemical and process systems engineering degree in 2015 form HIT. In fulfilment of the degree, she submitted a project titled, “Design of a Plant Producing 24TPD Fuel Briquettes from Cornstover”, and [the project]. The second and third defendant also a lecturer, supervised her project. More
The Applicant was employed by the 2nd Respondent. Following allegations of misconduct she was suspended in terms of the provisions of the National Code of Conduct SI 15/2006. A hearing was thereafter conducted and she was found guilty and was dismissed. Applicant appealed to the Appeals Officer but was unsuccessful. She then appealed to Labour Relations Officer. Conciliation proceedings were conducted but the matter was not settled and was subsequently referred to arbitration. More
The appellant was convicted, on his own guilty plea of contravening s 89 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 24 months imprisonment of which 3 years were suspended on condition of future good behaviour. Aggrieved by the conviction and sentence he appealed against both. More
On 20 January 2014 at Harare, the Honourable E Maganyani made an arbitration award. In terms thereof he dismissed appellant’s claims of unlawful termination of their employment contracts by respondent. Appellants then appealed to this Court. Respondent opposed the appeal. At the onset of oral argument, appellants abandoned their argument that the Notice of Response was defective. They then focused on their main argument. It was based on the provisions of the Labour (National Employment Code of Conduct) Regulations S.I. 15/06 (hereafter called the Code). Section 5 (c) of the code provides that, More
Plaintiff issued summons against the defendants on 4 January 2017 claiming for:
1. An order compelling the 1st defendant to effect transfer of stand number 20290 Pumula South, Bulawayo into plaintiff’s names.
2. The 2nd defendant be compelled to accept change of ownership papers from 1st defendant.
3. In the event 2nd defendant fails or refuses to comply with the order, the Sheriff of Bulawayo be and is hereby empowered to sign all necessary paper work on behalf of 1st defendant and 2nd defendant is ordered to accept papers signed by the Sheriff and transfer the property into plaintiff’s names.... More
The applicants seek an order compelling the first respondent to transfer to them within three months of the order, ownership of a certain piece of land situate in Harare called Stand 3225 Bluffhill Township. The claim is based on an alleged agreement of sale between the applicants and the first respondent dated 23 June 2016. The applicants allege the first respondent has evinced an intention to cancel that agreement, or to breach it. More
In case No. HC 3719/20 the first respondent obtained a default judgment per CHAREWA J against the applicant on 7 October 2020 in a claim for the ejectment of the first respondent and all those claiming through her from premises called G3 Mimosa Flats, South Road, Norton. The default judgment was applied for and granted on the basis that the applicant having been personally served with summons on 3 August, 2020 failed to enter appearance to defend. In consequence of such failure to enter appearance to defend, the applicant was barred from filing the appearance to defend or any other... More
TSANGA J:
The backdrop to this matter is a Will which was executed by the late Abraham Zaranyika who passed away in 2001. Mr Simplicious Chihambakwe, the first respondent herein, was appointed in the Will as the executor. In that Will, the deceased bequeathed among other assets, No 21 Van Praagh Avenue, Milton Park, in Harare to his wife Maud Zaranyika. She is the third respondent herein. The bequest was upon the condition that on her death or remarriage, the property would be held in a Trust called Abraham Zaranyika Trust for the benefit of stated beneficiaries. His desire did... More
This is an application wherein the applicant seeks to place a caveat on second respondent’s property.
The applicant asserts that she is part of a consortium of women who in 2021 purchased an immovable property known as Lot 6 of Lower Nondwane measuring 102, 4835 hectares and held by second respondent under Deed of Transfer 257/2000. This consortium of women purchased the property using first respondent as a conduit and first respondent was to hold the property in its name as a Trustee. Misrepresentations had been made that the applicant and the other women who also contributed varying amounts would... More
This is an appeal against the whole judgment of the Labour Court dated 6 November 2019 under LC/H/521-16 dismissing the appellant’s appeal against arbitral awards by an arbitrator. More
Applicant has approached this Court in terms of section 93 (7) of the Labour Act [Chapter 28:01]. The facts of this matter are somewhat enmeshed. The Court will seek to summarise them hereunder. More
The applicant was in the informal business of vending. On 17 April 2017, while selling her wares from a pavement on Chinhoyi Street close to Robert Mugabe Avenue in Harare, she was involved in a tragic accident. In her company was her son who was aged one year and two months. More
This civil trial commenced on 11 December 2024. At the close of the plaintiff’s case, the third, fourth and fifth defendants applied for absolution from the instance. The applications were made in terms of rule 56(6) of the High Court Rules, 2021 and were strenuously opposed by the plaintiff. The court permitted the defendants to file their applications in writing and set timelines for filing the relevant papers. Subsequently, the court heard oral arguments from the parties’ legal practitioners on 23 January 2025 and reserved its judgment. At the hearing, the court struck out the fourth and fifth defendants’ answering... More
The law relating to requests for referral of a constitutional issue in terms of s 175 (4) of the Constitution of Zimbabwe is now well settled. The section makes it mandatory that a person presiding in any court subordinate to the Constitutional Court refers the question to the apex court when requested to do so by a party unless he/she finds that the request is frivolous or vexatious. It is a matter not in the discretion of the judge or magistrate whether or not to refer. The provision is mandatory. It is only a finding on the frivolity or vexatiousness... More
