This is an application for confirmation of the ruling by Designated Agent Madzure that was made on 30 August 2019.
The brief facts of the matter are that the 2nd Respondent was dismissed from employment on charges of theft. He had been employed as a driver. He was suspended from duty with effect from 28 November 2017. The amount involved was $19 791-67. Respondent then send a registered mail inviting the claimant for hearing on 29 November 2017. This was seven days before the scheduled date of 7 December 2017. More
The appellant was convicted of one count of theft as defined in s 113 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] on his own plea of guilty on 8 July 2008. He was sentenced to 36 months imprisonment of which 6 months was suspended on condition of good behaviour. A further 6 months were suspended on condition that the appellant makes restitution in the sum of ZW$5,5 trillion by 31 December 2008 leaving an effective sentence of 24 months upon his compliance with the stated conditions. He appealed against both conviction and sentence. More
This matter, which has at times splintered into various cases, originates from a very simple issue but has dragged for six (6) long years. The brief history of the matter is as follows;
Applicant states that he entered into a lease agreement with 1st respondent and became his tenant at No. 13 Nesbit, Redcliff, Kwekwe on 1 June 2013. No written agreement has been exhibited. Applicant also does not explain throughout, whether the said lease agreement was written or verbal. Applicant further states that on 14 February 2014, 1st respondent “gave him a right of first refusal” should he decide... More
This is an application to declare invalid the proceedings instituted by the 1st to 8th Respondents undercover of case number HC 1057/19 and the order obtained in default on the 23rd July 2019, unlawful and illegal. Consequently relief is sought to the effect that the 2nd Applicant be reinstated on the property called Munjungwe Conservancy. More
This matter was set down before me in Motion Court on 12 March 2020. It is a court application for a declaratur. I ruled and ordered the following that;
1) The matter is opposed
2) The matter be removed from the roll of unopposed matters.
3) There be no order as to costs.
Belatedly on 7 October 2020, I received a letter which had been erroneously filed in one of the many cases involving the parties and /or some of the parties in case No. HC 1375/20 being the case of Josphat Kudumba & 7 Others v Apatron Mining (Pvt)... More
This is an application that has been brought before this Court in terms of s 85 (1) (a) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 (“the Constitution”). More
After hearing submissions from counsel representing the applicant and second respondent I dismissed the urgent chamber application in casu with costs. I gave brief reasons. I did indicate that my written reasons could be furnished upon request.The applicant through its legal practitioners has requested to be furnished with the written reasons. These are the reasons. More
In the plaintiff’s declaration, plaintiff is an Apostolic Ejuwell Jekenisheni Church, a religious and Christian Church. 1st defendant is The International Apostolic Ejuwell Jekenisheni Church, plaintiff describes 1st defendant as an off-shoot of the plaintiff. 2nd to 5th defendants are the church leaders of 1st defendant. 6th and 7th defendants were cited in their official capacities. Sometime in 2013 Bishop Elijah Dzingai Nyikambaranda formed 1st defendant constituted by 2nd-5th defendants as its co-leaders. 1st-5th defendants registered its own constitution and from the date of 1st defendant’s formation in 2013, plaintiff and 1st defendant existed as two distinct entities. More
The applicant Apostolic Faith Mission in Zimbabwe a church congregation pleading through a founding affidavit deposed to by one Amon Dubie Madawo who styled himself as the applicant’s elected president and also stated that the applicant is a common law universitas with power to sue and to be sued. The deponent president further deposed that the applicant was constituted in terms of a written constitution and regulations which inscribed its foundational values, confession of faith mission and governance structures. The applicant did not attach a copy of its written constitution and regulations and did not do so in the answering... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 4th June 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 9th of June 2021. On the set down date, counsel for the applicant requested for a postponement to enable the fling of an answering affidavit. The postponement was granted and the matter was subsequently argued on 14th June 2021. More
This is an application for interim relief pending the finalisation of the appeal.
Ms Mberi submitted that the applicant served the respondent with the notice of application on 11 September 2015 and proof of service was filed with the court. The respondent had not filed any response to the application. She further submitted that in the absence of such a response from the respondent, the court should grant the application. Ms Mberi further stated that the arbitrator had erred in holding that the matter had not prescribed and also in not finding that the respondent had repudiated his contract by... More
The applicants approached this court seeking a rescission of the judgment granted by this court on 23 November 2016 in HC 1791/16. The application is being made in terms of r 449 of the High Court Rules 1971. More
On 20 October 2022, I delivered the ex tempore judgment for interdict against the respondents. Essentially, the terms of the order are as prayed for in the Draft Order with the exception of two amendments effected to the relief sought. The first amendment was with respect to costs which I awarded against the respondents on an ordinary scale. The second amendment was to the effect that any attempt to access or use the property in question by the second to the fourth respondents must be with the consent of the applicant. The second to the fourth respondents subsequently requested for... More
This is a court application for eviction of the respondent and all those claiming occupation through him from applicant’s premises being described as Chizinga Assembly, Chizinga Shopping Centre, Mhondoro which premises the respondent is in unlawful occupation and possession.
Historically and at all material times, applicant was the owner and remains the owner of a mission house and church building at Chizinga Assembly, Chizinga Shopping Centre, Mhondoro. Sometime in 2018 the church faced a leadership dispute which resulted in a legal battle between two factions. During this period the church witnessed a split which saw most of the Pastors either... More
