: On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of Zimbabwe African National Union (Patriotic Front) ‘ZANU PF’ for the House of Assembly seat in the constituency of Southerton. Gift Chimanikire the first respondent representing the Movement for Democratic Change ‘MDC’ contested the seat. The elections were conducted and supervised by the second respondent. On 30 March, 2008 the first respondent was declared the winner of the seat. Dissatisfied with the prevailing environment at the time as well as with the manner the election was... More
In this case the state filed a notice conceding that the conviction as it stands is unsupportable. Fully appreciating the informed stance taken by the respondent’s counsel, the case was therefore withdrawn from the roll to be dealt with in chambers. I proceed to set out the reasons why the appeal must succeed. More
[ 1] On 22 May 2022, I dismissed the chamber application for condonation for late noting of appeal. Reasons were subsequently requested and I furnish same hereunder.
[ 2] The applicant was convicted by this court of murder with actual intent as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [ Chapter 9:23] on 31 January 2014 at Gweru. He was sentenced to 23 years imprisonment. On 29 November 2021 he filed an application for condonation of late noting of appeal together with a draft notice of appeal against both conviction and sentence. More
At the close of the plaintiff’s case the defendant swiftly moved to make an application for absolution from the instance.
What runs through the plaintiff’s declaration is the allegation that the defendant lacked due diligence and care in the manufacturing of its product to the extent that the product itself is not safe, clean, health and fit for human consumption.
The plaintiff testified himself and called two more witnesses one of whom testified to corroborate the plaintiff’s evidence that he had partaken of contaminated coke. That the plaintiff drank coke which was not safe for human consumption could not have... More
This is an application for quantification of damages following this Court’s order of reinstatement in applicant’s favour which confirmed an earlier arbitral award. More
The applicants are charged with contravening s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. At the hearing of the matter counsel for the applicants indicated that he was withdrawing the applications by seventh and eighteenth applicants. Mr Musarurwa indicated that the applications by these two would be prosecuted separately. More
This is an appeal against the whole judgment of the Labour Court handed down on 30 June 2017, which upset the determination of the Appeals Board of the National Employment Council (NEC) Banking undertaking of 15 July 2016 made in favour of the appellant. More
This is an urgent chamber application for an order interdicting the first and second respondents from occupying, excavating, drilling, removing, transporting, processing, or exporting about five million tonnes of iron ore fines stockpile situate at Mkwakwe Railway Siding in the Buchwa area of the Midlands Province. The applicant also asks that the third respondent be barred from issuing any export permit in respect of the said iron ore. The applicant claims ownership of the iron ore in question. More
The appellant appealed against the whole judgment of the Magistrate Court sitting in Harare. The Respondent cross appealed against parts of the same judgment. More
The plaintiff a company duly incorporated in accordance with the laws of Zimbabwe, instituted a claim for payment of a sum of US$39 895-97 together with interest thereon at the rate of 5% per annum and costs of suit on the attorney-client scale. More
The respondent issued summons against the applicant in case No.
HC1926/11 for payment of the sum of US$16 059-75 for work and labour done and materials
allegedly supplied to the defendant in October 2010 together with interest and costs of suit. The
respondent alleged in its declaration that, at the instance of the applicant, it had installed and
commissioned a filling line for the applicant and after presenting its invoice, the applicant had
failed to pay. More
This is an application in terms of s 318 of the Companies Act [Cap 24:03] for an order declaring the first respondent to be personally liable for the judgment debt of Coldrac Products Private limited t/a Tacoola Beverages in case number HC 3159/11.
The relief that the applicant seeks is that: More
On 24 November 2016, I granted an application for dismissal for want of prosecution made in terms of rule 236 (3) (b) of the rules of the High Court, 1971. The fuller reasons for so doing have been requested and these are they. More
