On 20 October 2022, I delivered the ex tempore judgment for interdict against the respondents. Essentially, the terms of the order are as prayed for in the Draft Order with the exception of two amendments effected to the relief sought. The first amendment was with respect to costs which I awarded against the respondents on an ordinary scale. The second amendment was to the effect that any attempt to access or use the property in question by the second to the fourth respondents must be with the consent of the applicant. The second to the fourth respondents subsequently requested for... More
This is a court application for eviction of the respondent and all those claiming occupation through him from applicant’s premises being described as Chizinga Assembly, Chizinga Shopping Centre, Mhondoro which premises the respondent is in unlawful occupation and possession.
Historically and at all material times, applicant was the owner and remains the owner of a mission house and church building at Chizinga Assembly, Chizinga Shopping Centre, Mhondoro. Sometime in 2018 the church faced a leadership dispute which resulted in a legal battle between two factions. During this period the church witnessed a split which saw most of the Pastors either... More
Having obtained a spoliation order on the 10th of November2021 under HC 5549/21against dispossession of church premises by the respondent, the applicant sought leave to execute pending an appeal that has been lodged by the respondent against the granting of that order. The matter was set for hearing on the25th ofNovember2021 when the respondent requested to formally file a point in limine for consideration regarding referral of the matter to the Constitutional Court in terms ofs175(4) of the Constitution of Zimbabwe 2013.The request to file a formal application for consideration of referral of the matter to the Constitutional Court was... More
At the conclusion of hearing the appeal we unanimously agreed to have the conviction set aside and the sentence quashed. The following are the reasons that informed the upholding of the appeal. More
On the 1st February 2019 Applicant filed an application in this Court for variation of judgment. Respondent filed opposing papers on the 6th February 2019. In due course the matter was set down for hearing. The matter emanates from this Court’s judgment referenced LC/H/504/18 dated the 2nd November 2018. That judgment ordered Respondent to pay Applicant an amount of $67,432-57 in respect of arrear salaries and benefits & damages in lieu reinstatement. More
This is an application for leave to the Supreme Court following a decision by the labour court to uphold the applicant’s guilty verdict and dismissal penalty on allegations of abuse of the employer’s fuel facility when he had been laterally transferred from Harare to Bulawayo. More
On 12 March 2024 this court dismissed with costs an application for reinstatement of matter, which application had been filed by Christ Ministries High School against Edwin Chikuni its former employee and Cleopara Mhariwa the Designated Agent. Upon pronouncement of the decision the court advised the parties that they were free to request for full reasons for the decision if they needed them. The school has through a letter under the hand of its lawyers stamped 19 March 2023 requested for the reasons of the order of 12 March 2024. More
The applicant in this matter initially filed an urgent application under case number HC 1787/21. The urgent application was opposed. Under HB 272-21, DUBE-BANDA J held that the matter was not urgent as contemplated in Rule 60 of the High Court Rules 2021. The application was struck off the roll of urgent matters with no order as to costs. More
It is common cause that the applicants are members of the CCC which is a political party. It is the party that nominated them to fill 10 proportional representation seats in the Bulawayo Provincial Council. They were nominated to be on CCC’s Party List. Their complaint is against the 1st respondent’s alleged refusal to allow them to file their nomination papers on the basis that he claimed they were out of time. The Respondents have argued that the applicants do not have locus standi to bring this application to Court. It is their political party that has such rights. The... More
On 27 April 2016 the appellant appeared before the Regional Court sitting at Mutare facing two counts of rape as defined in s 65 of the Criminal Law Codification and Reform Act [Chapter 9:23]. In count one, it was alleged by the state that on the date unknown to the prosecutor but in December 2015 and at F Block Village Chief Zimunya, Mutare the appellant unlawfully and intentionally had sexual intercourse once with SHARMAINE MUKURUZADO. A female juvenile knowing that she is incapable of consent. On count 2, the state alleges that on 11 December 2015 and at F Block... More
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo on the 31st January 2019 facing a charge of contravening section 60A (1) of the Electricity Amendment Act, No. 12/07, that is to say, cut, damage, interfere with equipment to generate, supply and distribute electricity. The matter went to a full trial. Appellant was convicted and sentenced to a mandatory 10 years imprisonment.
Dissatisfied with the conviction and sentence appellant noted an appealwith this court. More
This is an application for bail pending appeal against both conviction and sentence.
The applicants were jointly charged of obstructing or endangering free movement of persons or traffic as defined in s 38 (c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that, on 15 January 2019 at 174 kilometre peg along the Harare – Mutare Road both applicants or one or more of them unlawfully left or placed on or over Harare – Mutare Road burning tyres with the intention or realising that there was real risk or possibility of obstructing Harare – Mutare Road or... More
On the 11th of May 2022 and at Lupane Magistrates’ Court applicant appeared on a charge of criminal abuse of office in contravention of section 174 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant pleaded not guilty. The allegations as outlined in the charge sheet are that during the period 23rd September 2021 to 25th September 2021 and at St Lukes Police base, Lupane, applicant a police officer employed by the Zimbabwe Republic Police, and in the exercise of his duty as such, unlawfully and intentionally acted inconsistently, by issuing a Livestock Clearance Certificate Form... More
The appellant pleaded guilty and was convicted and sentenced to terms of imprisonment by the provincial magistrate sitting at Harare on 14 July, 2020 on three charges of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and two charges of kidnapping as defined in s 93 (1) (a) of the same enactment.
The appellant was dissatisfied with the convictions and sentences imposed. He noted an appeal against both conviction and sentence on 21 July, 2020. At the hearing of this appeal, the appellant’s counsel abandoned the appeal against conviction but... More
