The applicants seek an order compelling the first respondent to transfer to them within three months of the order, ownership of a certain piece of land situate in Harare called Stand 3225 Bluffhill Township. The claim is based on an alleged agreement of sale between the applicants and the first respondent dated 23 June 2016. The applicants allege the first respondent has evinced an intention to cancel that agreement, or to breach it. More
In case No. HC 3719/20 the first respondent obtained a default judgment per CHAREWA J against the applicant on 7 October 2020 in a claim for the ejectment of the first respondent and all those claiming through her from premises called G3 Mimosa Flats, South Road, Norton. The default judgment was applied for and granted on the basis that the applicant having been personally served with summons on 3 August, 2020 failed to enter appearance to defend. In consequence of such failure to enter appearance to defend, the applicant was barred from filing the appearance to defend or any other... More
TSANGA J:
The backdrop to this matter is a Will which was executed by the late Abraham Zaranyika who passed away in 2001. Mr Simplicious Chihambakwe, the first respondent herein, was appointed in the Will as the executor. In that Will, the deceased bequeathed among other assets, No 21 Van Praagh Avenue, Milton Park, in Harare to his wife Maud Zaranyika. She is the third respondent herein. The bequest was upon the condition that on her death or remarriage, the property would be held in a Trust called Abraham Zaranyika Trust for the benefit of stated beneficiaries. His desire did... More
This is an application wherein the applicant seeks to place a caveat on second respondent’s property.
The applicant asserts that she is part of a consortium of women who in 2021 purchased an immovable property known as Lot 6 of Lower Nondwane measuring 102, 4835 hectares and held by second respondent under Deed of Transfer 257/2000. This consortium of women purchased the property using first respondent as a conduit and first respondent was to hold the property in its name as a Trustee. Misrepresentations had been made that the applicant and the other women who also contributed varying amounts would... More
This is an appeal against the whole judgment of the Labour Court dated 6 November 2019 under LC/H/521-16 dismissing the appellant’s appeal against arbitral awards by an arbitrator. More
Applicant has approached this Court in terms of section 93 (7) of the Labour Act [Chapter 28:01]. The facts of this matter are somewhat enmeshed. The Court will seek to summarise them hereunder. More
[1]This is a chamber application in terms of s 3 of the Titles Registration and Derelict Lands Act [Chapter 20:20]. The applicant seeks a provisional order calling on any interested persons to show cause, if any, why:
a)The City of Harare should not be directed in terms of the Title Registration and Derelict Lands Act [Chapter 20:20], to register stand 2332 Marlborough Township, Harare in the name of Daniel Malekano. More
The applicant was in the informal business of vending. On 17 April 2017, while selling her wares from a pavement on Chinhoyi Street close to Robert Mugabe Avenue in Harare, she was involved in a tragic accident. In her company was her son who was aged one year and two months. More
This civil trial commenced on 11 December 2024. At the close of the plaintiff’s case, the third, fourth and fifth defendants applied for absolution from the instance. The applications were made in terms of rule 56(6) of the High Court Rules, 2021 and were strenuously opposed by the plaintiff. The court permitted the defendants to file their applications in writing and set timelines for filing the relevant papers. Subsequently, the court heard oral arguments from the parties’ legal practitioners on 23 January 2025 and reserved its judgment. At the hearing, the court struck out the fourth and fifth defendants’ answering... More
The law relating to requests for referral of a constitutional issue in terms of s 175 (4) of the Constitution of Zimbabwe is now well settled. The section makes it mandatory that a person presiding in any court subordinate to the Constitutional Court refers the question to the apex court when requested to do so by a party unless he/she finds that the request is frivolous or vexatious. It is a matter not in the discretion of the judge or magistrate whether or not to refer. The provision is mandatory. It is only a finding on the frivolity or vexatiousness... More
This application seeks the Urgent intervention of this Honourable Court to stop the clear violation of the law with impunity, and the continued violation of property rights, being perpetrated against the applicant by the first and second respondents and those claiming through them. More
On 18 October 2012, I pronounced my decision in this case. I indicated my reasons would follow. Here they are:
The plaintiff originally issued summons in this court on 24 October 2005 against the defendant seeking an order to compel the defendant to return her property which had been deposited with the defendant for safe keeping when the plaintiff left this country for the United Kingdom. More
On 27 September 2006 the plaintiff wife sued her husband for divorce and other ancillary relief out of this court. He contested the suit and counter claimed for divorce but with different ancillary relief. More
This is an opposed application for rescission of judgment which has its genesis in the dismissal of the applicant Patricia Mapini, from employment by the respondent, Omni Africa. The applicant was engaged as a Sage Pastel Sales Executive by the respondent. The working relationship soured when the respondent terminated the applicant’s contract of employment on the basis of certain allegations it made against her. Aggrieved by what she considered to be unfair dismissal, the applicant sought resolution of the matter through compulsory arbitration. She obtained a default judgment for the sum of US $36 064.00 on 29 June 2012. The... More
This is an application for absolution from the instance.
Plaintiff instituted proceedings against the defendant claiming payment of the sum of US$135 700,92 being loss of income arising from an alleged breach of contract by the defendant, together with costs of suit on a punitive scale. The defendant opposed the plaintiff’s claims and filed a counter claim for payment of an amount of US$57 320,83 which it alleged was a debt arising from stock that was supplied to the plaintiff on credit.
At the commencement of this trial, Mr Jaravaza appearing for the defendant indicated that the amount sought in... More
