This is an urgent chamber application brought forth to stop execution of an order of this court under Judgment number HB 191-24. The said order extended time lines within which the parties had to undergo arbitration proceedings that had been authorized by a previous consent order. More
The parties in this application are as follows: The first applicant is Parks and Wildlife Management Authority, a statutory corporate body established in terms of the Parks and Wildlife Management Act [ Chapter 20:14]. The second applicant is the minister of Environment; Climate Change, Tourism and Hospitality Management. The second applicant is assigned by the President the administration of the Parks and Wild Life Management Act. The first respondent is Suscaden Investments (Pvt) Ltd a duly registered Zimbabwe company. The second respondent is Big Five Safaris (Pvt) Ltd and like the first respondent is a duly registered Zimbabwe company. The... More
Parks and Wildlife Management Authority is a Statutory Body empowered to control, manage and possess Victoria Falls National Park in terms of the Parks and Wildlife Management Act [Chapter 20:14]. Its relationship with Defendant is that of Lessor and Lessee over a restaurant and Curio Shop situated in the Rainforest at Victoria Falls National Park. The Lease Agreement between the parties was signed on the 2nd of March 2018. The lease period is extant, running from 01 January 2018 to 31 December 2027. From 01 January 2018 to 31 December 2022, Defendant was to pay an annual lease fee/rent of... More
This is an application for summary judgement on a summons claiming the following relief: (a) the termination of a lease agreement entered into between the parties on the 1st of December 2003; (b) ejectment of the respondent from the leased premises; (c) payment of arrear rentals; and (d) payment of holding over damages. More
Applicant is the lawful occupier of premises known as Parkview Weizman Sports Club (hereinafter referred to as the premises). Applicant holds a lease with the City of Bulawayo dated 8 June 1956. In or about the year 2001 applicant entered into a verbal sub-lease agreement in terms of which respondent took occupation of a portion of the premises. Respondent leases the premises for the purposes of operating a bar and a hall. In terms of the verbal lease respondent was obliged to pay rentals amounting to US$60 per month. Applicant alleges that respondent has not paid rentals since October 2015.... More
In this civil trial the plaintiff seeks specific performance. Plaintiff claims delivery of three Toyota Hilux motor vehicles (2.5 double cab manual 4x4.) In the event of failure to deliver the motor vehicles, the plaintiff seek an order authorizing the Sheriff to recover the said motor vehicles from the defendant and hand over the same to the plaintiff. More
The respondent sought a protection order against the appellant in terms of s 8 of the Domestic Violence Act [Chapter 5:16]. She contended that the appellant was of violent disposition, and had subjected her to physical, emotional, psychological and economic abuse. After reading papers filed of record and hearing the parties the court a quo found that the respondent had proved a case of domestic violence as defined in the Domestic Violence Act. More
The dispute between the parties is steeped in the realm of employment law. The bare bones are that applicant who is the largest shareholder in second respondent with a 19.42% shareholding, used to be employed by second respondent as the managing director - (This in fact constitutes the main bone of contention between the parties – respondents aver that applicant verbally resigned the post in early 2010 as can be gleaned from minutes of a meeting held on 3 May, 2010 chaired by the applicant at which he introduced doctor Saungweme who took over from him as the new managing... More
The applicant has applied for bail pending appeal following his conviction and sentencing in the Regional Magistrates Court at Harare Magistrates Court on a charge of contravening section 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] commonly referred to as rape. Applicant was sentenced to 20 years imprisonment 5 years of which were suspended for 5 years on condition of good behaviour leaving an effective sentence of 15 years imprisonment. The applicant noted an appeal against both conviction and sentence on the following grounds – Ad conviction
The court a quo erred and misdirected More
The Applicant (respondent in this appeal) filed an application in the Magistrates Court seeking inter alia restoration of the status quo ante before the spoliation and that the respondents (Appellants in this matter) and anyone acting through them be ordered to vacate the property known as Lot 1 of Lot 2 of Derbyshire, Harare. The applicant also wanted the Respondents interdicted and restrained from asking, encouraging or instructing any of their employees or agents from visiting or invading the mentioned property, and that they be interdicted and restrained from visiting the property of the Applicant. In opposing the application, Respondents... More
This is an appeal against the decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from employment by the Staff Disciplinary Committee (Disciplinary Committee).
The brief facts of the matter are that the appellant was employed by the respondent as a driver. In the course of his duties, he drove the respondent’s staff bus on 28 June 2020. It is alleged that about 120 litres of diesel was siphoned from the bus during the period the appellant had custody of the bus. As a consequence, the appellant was charged with misconduct, under the respondent’s code of... More
This is a court application for a declaratory relief declaring that members of the Zimbabwe Republic Police are acting unlawfully by spiking public and private motor vehicles in urban areas, particularly in Harare, are acting unlawfully by smashing the windscreens of public and private motor vehicles alleged to be infringing the law and are acting unlawfully by applying excessive force in dealing with alleged road traffic infractions in urban areas, particularly in Harare central business district. The Applicants are seeking an interdict prohibiting members of the Zimbabwe Republic Police employed by the second Respondent and working under the command of... More
