This is a chamber application for a provisional order, wherein the applicant seeks a temporary interdict restraining the 1st to 6th respondents from infringing upon its property rights. Reference to the respondents in this judgment will exclude the 7th and 8th respondent because the 8th respondent is an officer of this court mandated to execute its judgments who has no interest in the outcome of the matter and there is no order sought against the 8th respondent. More
The applicant filed the above application on 9 October 2002, seeking an order restraining the respondents from interfering in the applicant’s relationship with its staff and specifically barring the respondents from representing the interest of its staff in matters affecting conditions of service of its staff. The application was opposed. More
The applicant (“POSB”) prays for an order in the following terms; -
i) “Condonation of the late filing of an application for rescission of a default judgment entered into on 27 January 2023 under HCHC 485/22 (“application for condonation”); and
ii) The rescission of the said default judgment under HCHC 485/22 (“application for rescission”). More
On the 12th of March 2021, I discharged in an ex tempore judgment an application to confirm a provisional order sought by the applicants. I have been requested to give reasons and these are they. More
The applicant Peppy Motors (Private) Limited is seeking an order that-
“1. The 1st and 2nd Respondents or any of their agents and or employees, or anyone acting on their behalf or on his own are ordered to release and restore possession into the applicant and or its agents or employees’ custody within two (2) days of this order failure which the Sheriff of the High Court is hereby ordered and directed to do all things possible to restore possession and cause release into Applicant or its agents or, its employees’ custody and possession of the following motor vehicles:-
a.... More
The applicant seeks the rescission of a judgment entered against him in default by this court on 26 June 2008. The effect of the order was to cause the eviction of the applicant and all those claiming occupation through him from residential premises described in the order as 1075 Chipadze Township Bindura. Only the first respondent opposed the application and I will hereinafter refer to it as the respondent.
The facts which are common cause are as follows. The applicant was until November 2007 employed by the respondent. By dint of his status as an employee the applicant was allocated... More
Following the plaintiff’s and the first defendant’s divorce in the Magistrate’s court at Norton, they were both awarded equal shares in house number 4334 CABS, Ngoni, Norton. The first defendant subsequently sold the house to the second defendant. More
The applicant seeks a review of a decision made by the first respondent in respect of his application for registration of a special prospecting license for claims at Silverside Mhangura in Mashonaland West. The first respondent rejected the applicant’s application in a letter appearing at p 44 of the record which letter will be analyzed in fuller detail in the course of the judgment, and herein after referred to as the rejection letter. More
This is a bail application lodged by the applicant after the first application was refused in this court. The first application was refused on the 10th May 2021. The applicant is now applying for bail on the basis of new facts. He is jointly charged with other persons. The applicant and his co-accused are charged with two counts of robbery as defined in section 126(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code), and one count of attempted murder as defined in section 189 as read with section 47 of the Criminal Code. More
Since December 2012 the applicant and the first respondent have been locked in legal combat over the right to occupy Stand 10648 Tafadzwa Muzvanya Street, Runyararo, Masvingo (“the property”). On 25 June 2018 the applicant filed an urgent chamber application against the first respondent to stop his eviction from the property pending the determination of his application for rescission of judgment that he had just filed some five days before. Despite fierce opposition by the first respondent I granted the application immediately after argument. The first respondent has now asked for my reasons in writing even though I had given... More
This is a referral in terms of s 175(4) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”) from the Magistrate’s Court (“the court a quo”) sitting at Gwanda. More
Plaintiff and first defendant entered into an unregistered customary union in 2009 and parted ways in 2019. In 2016 Smart Express (Private) Limited was formed (hereinafter referred to as a “bus company”) and it is common cause that the first defendant and his mother, Aruma Mkwamba are the two shareholders, each having (1) share. The bus company’s registered office is given as 13 Longmore Crescent, Palmerstone, Mutare. The bus company used to have 10 buses, but currently only six (6) are operational.
During the period of the union two immovable properties were acquired, 13 Longmore Crescent, Palmerstone and 7594 Rhodesview,... More
This is an application for the stay of an arbitral award which was made in the respondent employees favour following a complaint of unfair labour practice by the applicant company on the respondent employees. More
This is an appeal against the whole judgment of the High Court (court a quo) in which it upheld the conviction and sentence imposed on both appellants by the Magistrates Court for criminal abuse of duty as public officers as defined in s 174 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (the Act). More