After hearing submissions from counsel, this Court made the following order:-
“(1) The appeal against conviction and sentence succeeds.
(2) The conviction and sentence are both set aside.
(3) The appellant is to be released from custody with immediate effect.
(4) For the avoidance of doubt, the decision whether or not to prosecute the appellant afresh is left to the discretion of the National Prosecuting Authority.
(5) The reasons for this order are to follow in due course.” More
The appellant employed the respondent as a general hand for 43 years until he retired in 2013.
While he was employed, both the employer and the employee contributed towards a pension fund in behalf of the respondent with Old Mutual.
Following his retirement, he was duly paid his pension benefits by Old Mutual in terms of the fund that he had contributed to. More
This matter came before me as an opposed application for summary judgment. On 16 March 2017 which was the date on which it was set down for argument this Court granted the following order:
“IT IS ORDERED THAT:
1. Summary judgment be and is hereby entered in favour of the applicant against the respondent in Case No. HC 9311/16 as follows:
(a) For an order for the ejectment of the respondent and all persons claiming occupation through it from the applicant’s immovable property at No. 20 Findowrie Drive, Greendale, Harare; and
(b) For payment of the costs of this application.... More
The applicant herein brought an application seeking a vindicatory order against the respondents for restoration of possession of a piece of land situate in the District of Salisbury called Lot 211 Block C of Hatfield Estate measuring 3,6002 hectares which is also known as No. 32 Winston Road South, Hatcliffe, Harare (“the property”). The applicant is the registered owner of the property under Deed of Transfer No.2721/2010. More
The appellant employed the respondent as an accounting assistant in 2008.
Appellant outlined the facts of the matter as follows;
Due to continuous ill health the respondent went on sick leave in May, 2013 up to October 2013 for a period of 180 days.
In November 2013 after the 180 sick leave period, the respondent reported for work but it was apparently very clear to all concerned that the respondent was still very ill and unfit for duty. It was agreed that the respondent should go on unpaid leave while recovering. More
It is alleged that the accused, a decorated member of the police force, in the company of more than nine other police officers responded to a report that had been made one, Steven Chidhumo, that the now deceased had threatened him with a spear. From the facts it is common cause that the police’s main mission on the day in question was not solely to investigate the said report but to make a follow up on several others as they had no station vehicle. In that respect, they capitalised on the availability of a vehicle on the day in question.The... More
This is a court application in which applicant seeks an order in the following terms:
“IT IS HEREBY ORDERED THAT:
1. The arbitral award by the Honourable Mutangadura dated 20 September 2018 did not delve into agreed terms of reference and consequently was not a final award.
2. Applicant be and is hereby entitled to refer the dispute to another arbitrator for resolution.
3. Each party to bear its own costs.” More
Appellant’s grounds of appeal were that:-
- the Arbitrator deviated from the terms of reference
- the Arbitrator awarded arbitration costs were supposed to have been determined by the conciliation body
- the award is biased towards the employee
- points of law were being violated therefore award was misdirected More
This is an appeal against the whole judgment of the High Court handed down on 6 March 2019, restraining the appellant and second respondent from executing a ruling made by the third respondent at a meeting of the creditors of the companies under the appellant’s judicial management, held on 13 February 2019. More
This is a court application to sell assets of companies under judicial management in terms of section 307 of the Companies Act [Chapter 24:03]. As I waded through the application, it became apparent that the application was brought in terms of s 307 of Companies Act after its repeal. Consequently, I dismissed the application and directed the applicant to pay first respondent’s costs. More
This is an application for a declaratur to the effect that the applicant’s customary marriage to the Late Wilfred Mandizvidza is valid for the purposes of the Administration of Estates Act [Chapter 6:01]. More
: The parties were married in terms of the Marriage Act [Cap 5:11] on 30 May 1998. The marriage was blessed with four minor children Melanie MunasheTangirai (born 18 February 1999), MalvinTinasheTangirai (born 24 January 2003), Cerise VongaisheTangirai (born 20 March 2004) and Denise Tangirai (born 2 March 2007). Following certain unhappy differences the parties separated in 2008. They have not lived together as husband and wife since that date. Upon separation the plaintiff remained with the custody of the three eldest children whilst defendant retained custody of the youngest child. On 4 January 2011 the plaintiff issued summons out... More
The appellant appeared before a Bindura magistrate facing a charge of contravening s 136 of the Criminal Law (Codification & Reform) Act [Cap9:23], that is fraud. The allegations are briefly that sometime in September 2008, the appellant fraudulently sold the complainant a grinding mill. That the appellant failed at the time of the sale, to disclose the fact that the grinding mill was built under a power line and on unapproved plans and that it had been condemned by Chaminuka Rural District Council. More
