MAKONI J: The applicant approached this court seeking the setting aside of an arbitral award granted by the first respondent and thereafter substitute the award with its own order on the terms suggested by the applicant in the draft order. More
At the onset of oral argument in this Court, the respondents raised a point in limine which appellant opposed. The point was that the appeal to this Court was filed out of time and hence the matter ought to be struck off the roll. A brief background of the matter is apposite.
1. Appellant worked for Respondent as a security guard at S. Mugabe Hospital in Harare.
2. On the 27th September 2021 he was charged with misconduct.
3. A disciplinary hearing was held on the 1st October 2021.
4. By letter dated 4th October 2021 appellant was found guilty... More
This urgent chamber application was allocated to me through the Chamber book on 19 July 2017 and upon perusing it, I endorsed that the matter was not urgent. I have now been requested to furnish the reasons thereof by the applicant, I hereby furnish them. More
All the five petitioners filed petitions challenging the results in the elections held on 29 March 2008. The petitions were presented and lodged with the Registrar of the Electoral Court (the Registrar) on 14 April 2008 in terms of section 168 of the Electoral Act [Chapter 2:13] (the Act). More
This matter came initially as a chamber application for an order “postponing or suspending a sale in execution in terms of Order 40 Rule 348A of the High Court Rules 1971. The execution debtor (applicant) sought the following relief:
“It is hereby ordered that:
1. The sale in execution of the applicant’s dwelling being stand 2298 Bulawayo North of Bulawayo Township Lands situate in the District of Bulawayo also known as stand number 73 Baden Powell Road North End, Bulawayo be suspended on condition that:-
a. (a) the applicant delivers to the first respondent, a bus being a Toyota Coaster... More
The parties were married to each other at Harare on 30 April 2016 in terms of the Marriage Act [Chapter 5:11] and the marriage still subsists. Their marriage was blessed with two minor children; Ryan Tashinga Mahati born on 4 August 2009 and Rene Glenroy Takunda Mahati born on 3 February 2018. During the subsistence of the marriage the parties acquired the following property; More
This is a bail application pending trial. The applicants are charged with the crime of robbery as defined in s 126 (1)(a) as read with s 126 (2)(a) and s 126(3)(a)(b) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on 11 March 2023 acting in common purpose with other two accomplices, armed with an unidentified pistol and Okapi knife used violence or threats of violence to subdue and rob the complainants of USD 3597.00, a black Itel cellphone, a Samsung J6 Plus, Gtel infinity cellphone, an Itel tablet and company keys. More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act (Chapter 28:01) and Rule 43 of the Labour Court Rules, 2017.
On 17 October 2024, this Court rendered an Ex Tempore Decision in whichApplicant’s matter was struck off the roll for being improperly before the Court. Applicant is dissatisfied with that decision and intends to approach the Supreme Court for relief. I make the observation that despite the Ex Tempore Decision being just a page long, Applicant has filed submissions in a document encompassing some nineteen (19)... More
The applicant Peter Michael Hitschmann is a registered firearms dealer based in Mutare, residing at 33 Arcadia Road, Tiger Kloof.
On the 6th of March 2006 police acting on information searched the applicant’s residence. As a result of the search they recovered a large assortment of weaponry including:
(a) 7.62m EN rifle (with Telescope)
(b) 7.62 AK Rifle
(c) 9mm MPs SMG with silencer
(d) 9mm UZI SMG
(e) 9mm UZI SMG
(f) 9mm UZI SMG
(g) 9mm UZI SMG
(h) 9mm UZI SMG
(i) 9mm UZI SMG
(j) 9mm UZI SMG
(k) 1½ Inch Signal Pistol
(l) 9mm UZI... More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 2nd November 2020, applicant appeared at the Western Commonage Magistrate’s Court, Bulawayo, whereupon he was placed on remand and remanded in custody. The allegations from which the charge of murder arises are set out in the Police Form 242, a Request for Remand Form. It states that: - On the 29 October 2020, at number 15126 Cowdry Park, Bulawayo, applicant was drinking beer with Ben Sibanda... More
This is an application for bail pending trial. Applicant is facing a charge of murder in contravention of section 47 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The Applicant denies the allegations of murder and avers that he is a suitable candidate for bail. The State opposes this application.
The allegations against the applicant are summarised in the Request For Remand Form 242. On the 29th October 2020 applicant was in the company of Ben Sibanda (deceased) and one Robson Ndlovu who is at large. They were drinking alcohol. A dispute arose over applicant’s wife.... More
1. The preliminary point raised in this matter concerns the delay in registering a foreign judgment. The applicant brought an application for registration of a foreign judgment in terms ofOrder 37 Rule 305as read with Section 5(2) (a) (ii) of the Civil Matters (Mutual Assistance) Act [Chapter 8:02], the Act. Whilst the respondent challenges the registration of the foreign judgment on a number of grounds, it has requested the court to consider firstthe pointconcerning thelimitation period for registering a foreign judgment as prescribed in terms of s5 (2) (a) (ii) of the Act. More
1. The applicant brought an application to register a foreign judgment in terms of Order 37 r 305 as read with s 5 of the Civil Matters (Mutual Assistance) Act [Chapter 8:02], the Act.
Background facts
2. The respondent, Star Africa Corporation Limited, a Zimbabwean registered company is the parent company of Red Star Holdings Limited.The applicant was first employed by Red Star Holdings Limited in Harare as its regional development executive in May 2007 and was later transferred to Red Star Holdings Limited Distributors Zambia Ltd, a subsidiary of Red Star Holdings Limited in Zambiain October 2007 in the... More
The plaintiff and defendant were married to each other at Harare Magistrates Court on 7 June 1993 in terms of the Marriages Act, Cap 37 (now Chapter 5:11) and the marriage still subsists. They had however commenced living together as husband and wife in terms of customary law in between the years 1987 and 1988 (the exact year is not agreed). Their marriage was blessed with two children who were born on 2 May 1989 and 3 March, 1995 respectively.
During the subsistence of the marriage they acquired various movable property and an immovable property namely, House No. 25 Ambleside... More
This matter appears listed as one where judgment has been pending since 4 December 2015. It is necessary to put the circumstances of how the matter has remained in my chambers since it was argued on 4 December, 2015 into perspective. More
