This is a chamber application for condonation of the late filing of an appeal against conviction. In terms of r 106(7) of the High Court Rules, 2021 this matter was set down for oral argument and heard on 13 May 2022. After argument by the parties, I gave an ex-tempore judgment and dismissed the application. On 17 March 2023 the applicant wrote a letter to the Registrar asking for the reasons for the dismissal of his application. The letter was brought to my attention on the 27 March 2023. In the letter he suggests that I dismissed his appeal against... More
The applicant appeared before the Magistrates Court at Harare on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The applicants herein seek the rescission of a judgment granted against them in default on 14 June 2010 as a result of their failure to attend a pre-trial conference set down before MTSHIYA J. The background to the dispute is as follows: More
The applicant is a national of Ireland. He came into this country as a visitor, what is commonly known as a tourist. On 31st August 2006, officers from the first respondent seized certain items which he had in his possession and which he intended to export to Ireland through a freight forwarding entity known as Trax International. It is common cause that at the time of seizure of these items, which are carved out wood, no documents were issued to the applicant. It is common cause that from that date the applicant and the first respondent have had discourse on... More
This is an appeal against an arbitral award which found that the respondents were owed arrear salaries and cash in lieu of leave as follows:
(i) Rumbidzai N Baru $12 567-00
(ii) Peter Chisambiro $ 8 260-00
The arbitral award was handed down on 26 August 2015. More
This is an application for condonation of the late filing of an application for leave to appeal to the Supreme Court. The judgment in the main matter was handed down on 17 August 2012. The draft notice of appeal accompanied by the application for condonation for its late filing was filed with the court on 11 January, 2013. The application for condonation is opposed. More
Applicant was customarily married to Elia SvosveraiNdoro who died intestate in 2010, she was the third wife. Alice Ndorowas also married to Elia Ndoro and she was the second wife. Alice died in 2008 without leaving a will. When Alice Ndoro died Josephine Chinaka (“second respondent”) was appointed executrix dative over Alice Ndoro’s estate and Joseph Chinake (“third respondent”) is cited as beneficiary. In compiling the inventory of Alice Ndoro’s estate, a shop situated at Chinyauhwera was included as part of the estate of the late Alice Ndoro. More
The appellant appeared before Court a quo charged with Criminal abuse of duty as a pubic officer as defined in s 174 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The allegation is that the appellant, who is employed in the service of the State and stationed at Makombe Passport office as a Processing officer, corruptly released a passport to Pretty Choice Madekufamba at a time when the issuing of ordinary passports had been suspended. The passport was released through the facilitation of Nicholas Chogugudza, who allegedly hangs around at Makombe Building as a link between members of... More
This application was filed on 3 May 2021 following a ruling by the first respondent dismissing an application for separation of trials. The first respondent was presiding at the applicant’s trial on two corruption charges namely criminal abuse of duty as a public officer, a crime defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and corruptly concealing a transaction from her principal as defined in s 172 of the Criminal Law (Codification and Reform) Act. More
The applicant is the former Minister of Public Service, Labour and Social Welfare. The first respondent is the magistrate presiding at the trial of the applicant. The trial is at the instance of the public, represented by the Prosecutor General, hence the involvement of the second respondent. The applicant and the former Acting General Manager of the National Social Security Authority (“NSSA”) were jointly charged with the crime of criminal abuse of duty as public officers as defined in s 174(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Law Code”). More
DUBE-BANDA J: This matter came to this court as a bail application pending appeal. The applicants were convicted of contravening section 368 (2) as read with section 368 (4) of the Mines and Minerals Act [Chapter 21:05], i.e. prospecting for gold without a licence or permit by the Magistrate at Kwekwe Court on 12 June 2020.The allegations were that on the 2nd March 2020, at a bushy area near Gokwe Road, Kwekwe, the applicants were found prospecting for gold. The applicants were not holders of a prospecting licence authorising them to prospect for gold. The applicants pleaded not guilty to... More
Plaintiff issued a provisional sentence summons against the defendant on 13 February 2015 claiming an amount of USD$28 000-00 together with interest thereon at the prescribed rate calculated from 5 March 2014 to the date of payment in full, as well as costs of suit. The plaintiff’s claim was based on an acknowledgement of debt executed in her favor by the defendant. The issues that arise for determination in this matter are whether the plaintiff has fulfilled the requirements provided for a claim for provisional sentence in terms of order 4 rr 20 and 21 of the rules of this... More
The first applicant is a widow seeking a declarator to rights to a house. The first respondent is the daughter to the deceased and also the executor to his estate. On the face of the application she had been sued in her personal capacity but it was not in dispute that she is the executor of the estate of the late Hubert Masara. A point in limine was raised regarding the fact that as she had not been cited in her official capacity this could have possible implications on costs. An application was thus made at the hearing to cite... More
This is an application by a labour officer for the confirmation of a ruling made by the officer. It is in terms of section 93 (5) (a) and (b) of the Labour Act, Chapter 28:01 (hereafter referred to as the Act). 2. The 1st respondent claimed that he was employed by the 2nd respondent as a country director in November 2018. There was no written contract. He managed the 2nd respondent’s business on a daily
basis. He was not paid any salary or wages at all. After 6 months, which he said was the probation period, he wrote to the... More
: The plaintiff and defendant were married in terms of customary law in 1976. In the year 1983 their marriage was solemnized in terms of the Marriages Act, Chapter 37 (now 5:11) at Harare. Both parties were born and bred in Zimbabwe and so Zimbabwe is their country of domicile. Their marriage was blessed with six children. Their last born children are twins born on 25 April 1992.
On 10 April 2007, the plaintiff instituted proceedings seeking a decree of divorce and other ancillary relief against the defendant. The plaintiff alleged that their marriage had irretrievably broken down to such... More
