This judgment relates to two related applications which were argued together. The parties are the same in both matters. Case Number HC 12470/11 is an application for condonation of the failure to file an application for the setting aside of the default judgment granted in Case Number HC 9545/11 within the period provided for in r 63(1) of the Rules of this Court. Case Number HC 12471/11 is the application for the rescission of the default judgment referred to above. More
This judgment is in respect of two matters which were argued before me. Case No. HC 12469/11 is an application for the rescission of a judgment given in default of the applicant in Case No. HC 3729/09.Case No. HC12468/11is an application for condonation of the applicant’s failure to file the application for rescission of judgment viz. HC 12469/11 within the time prescribed by the Rules of this Court. After hearing argument from both counsel I dismissed the application for condonation. The effect of that was that there was no application for rescission of judgment properly before the Court, hence Case... More
On the night of 25 October 2006 the plaintiff, a farmer in Chegutu, was driving a Landrover Defender motor vehicle registration number AAU 0482 which is a 1996 model along Prince Edward approaching Lezard Avenue in Milton Park Harare at about 23:00 hours, when he beheld a Leyland Truck registration number AAA 4555 belonging to the second defendant from a distance of about 10 metres. More
The issue for determination in casu is whether or not service of a petition on respondent’s legal practitioner is proper service in terms of the Electoral Act [Cap 2:13] (“the Act”). I want to quickly state that an affirmative answer to the issue raised depends on whether or not there is clear evidence that the respondent chose that course. More
This is an application for leave to appeal to the Supreme Court against a judgment of this Court Judgment Number LCH 369/23. It is being made in terms of r43 of the Rules of this Court 2017 (the Rules) as read with s92F(2) of the Labour Act Chapter 28:01 (the Act). It is opposed. More
The respondent, which was the plaintiff in the court a quo issued summons against the appellant (respondent in the court a quo) seeking an order evicting the respondent from the immovable property known as stand number 442, Gaza Township, Chipinge. This property was allegedly owned by the late Bayeni Hardwell Chiororo who died on 22 December 2004. The property is now part of the deceased’s estate. Joseph Chiororo was duly appointed executor of this estate. More
This is an application for condonation for noncompliance with the Labour Court Rules, 2017. The applicant seeks to file his notice of appeal out of time. He is out of time by 391 days. The applicant stated that he received the decision he is seeking to appeal against in December 2021.
In January 2022 he noted his appeal against his employer’s decision to find him guilty and to dismiss him. The appeal was defective. He then filed an application to reinstate the appeal but this too was fatally defective. It was struck of the roll sometime in September 2022. On... More
The appellant, Paul Mgodi, who was a respondent in an application for an interdict in the court below, was interdicted from developing or causing the development of Stand 1484 Chirundu. The applicant, was Duweni Kutepa and is the first respondent herein. His averments in seeking that interdict were that sometime in 2015 he had been offered a commercial stand, being Stand 1484 Chrirundu by Chirundu Local Board, the second respondent herein. This had been through a letter dated 4 December 2014 which he annexed to his application. He averred that he had since paid the purchase price inclusive of all... More
The appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced to 24 months imprisonment of which 4 months was suspended for 5 years on conditions of future good behaviour, of the remaining 20 months, 5 months imprisonment was suspended on condition that appellant restitutes complainant. In addition 2 months imprisonment suspended previously were brought into effect. More
This is an application for the rescission of a judgment issued in default of Applicant’s appearance on 24 January 2012. The application was filed on 1 August 2012. More
The plaintiff issued summons against the first defendants claiming Z$150 000 000-00 as damages for an assault he suffered allegedly at the hands of members of the Zimbabwe Republic Police (ZRP) as well as the Zimbabwe National Army (ZNA) who, according to the plaintiff, were acting within the course and scope of their employment with the defendants on 31 March 2003. In his declaration the plaintiff makes the following averments. More
This is an appeal against the Appeals Board’s decision that upheld the Grievance and Disciplinary Committee’s decision upholding Appellant’s dismissal from Respondent’s employment. More
The plaintiff issued summons claiming a decree of divorce, rights of access to the minor child, a division of matrimonial assets and costs of suit. the defendant also filed a counter- claim seeking similar relief. More
This is an application for upliftment of caveat number 421/2014 placed on certain piece of land situate in the District of Salisbury called stand 143 Northwood Township of Sumben measuring 4263 square metres held under Deed of Transfer registered number 5115/1999 and Deed of Transfer Registered Number 7783/2015 (“the property.”) The applicants also seek an order requiring the second respondent to transfer the property to them within the next 21 days failing which the Sheriff for Zimbabwe should do all such things as are necessary to effect the transfer. Finally, costs are sought against first respondent on a punitive scale. More
