this is an application for a provisional order by the applicant in the following terms:-
“TERMS OF TIMBER OF THE ORDER SOUGHT AND GRANTED
Pending the finalization of this matter:
1. The sixth and seventh respondents or anybody claiming through them be and I hereby interdicted from processing or acting upon the affidavit of resignation filed and signed by the applicant on 5 July 2008 at Nyamaropa.
2. The first, third, fourth and fifth respondents and anybody claiming through them be and are hereby interdicted from harassing, intimidating, assault and applying unlawful pressure or his lawful agents with the aim... More
On 11 August 2021 parties appeared before me under case number HC 144/21 and by consent the matter was postponed to 13 September 2021. On 13 September 2021 the application was by consent struck off the roll of opposed matters. Parties agreed that case number HC 26/20 be consolidated with case number HC 144/21. Under case HC 26/20 Pathacres (Private) Limited was the applicant seeking the following relief: More
This is an application for condonation and extension of time within which to appeal against the decision of the High Court in terms of r 43 (1) of the Supreme Court Rules, 2018. The application is opposed. More
The respondent is the applicant’s tenant. The parties are engaged in litigation under case Number HC 5940/2010 wherein the applicant has instituted eviction proceedings against the respondent. More
On the date of hearing I dismissed the appeal with no order as to costs. I indicated that reasons would follow. These are they;
This is an appeal against the decision of the Disciplinary and Grievance Committee which confirmed Appellant’s conviction and dismissal from employment on contravening section 5.7.1. (ii) of Chemplex Corporation employment Code of Conduct, that is to say;
‘any gross act, conduct or omission not covered in this code which is inconsistent with the express or implied conditions of the employee’s contract’ More
HC 9129/19 and HC 6/20 were filed as separate cases. They deal with substantially the same dominant parties and the issue of an immovable property. It was because of the stated matter that the two cases were consolidated with a view to having them heard together. The consolidation was at the instance of the applicant with the consent of the respondents. More
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
