This is an application for leave to the Supreme Court following a decision by the labour court to uphold the applicant’s guilty verdict and dismissal penalty on allegations of abuse of the employer’s fuel facility when he had been laterally transferred from Harare to Bulawayo. More
On 12 March 2024 this court dismissed with costs an application for reinstatement of matter, which application had been filed by Christ Ministries High School against Edwin Chikuni its former employee and Cleopara Mhariwa the Designated Agent. Upon pronouncement of the decision the court advised the parties that they were free to request for full reasons for the decision if they needed them. The school has through a letter under the hand of its lawyers stamped 19 March 2023 requested for the reasons of the order of 12 March 2024. More
The applicant in this matter initially filed an urgent application under case number HC 1787/21. The urgent application was opposed. Under HB 272-21, DUBE-BANDA J held that the matter was not urgent as contemplated in Rule 60 of the High Court Rules 2021. The application was struck off the roll of urgent matters with no order as to costs. More
It is common cause that the applicants are members of the CCC which is a political party. It is the party that nominated them to fill 10 proportional representation seats in the Bulawayo Provincial Council. They were nominated to be on CCC’s Party List. Their complaint is against the 1st respondent’s alleged refusal to allow them to file their nomination papers on the basis that he claimed they were out of time. The Respondents have argued that the applicants do not have locus standi to bring this application to Court. It is their political party that has such rights. The... More
On 27 April 2016 the appellant appeared before the Regional Court sitting at Mutare facing two counts of rape as defined in s 65 of the Criminal Law Codification and Reform Act [Chapter 9:23]. In count one, it was alleged by the state that on the date unknown to the prosecutor but in December 2015 and at F Block Village Chief Zimunya, Mutare the appellant unlawfully and intentionally had sexual intercourse once with SHARMAINE MUKURUZADO. A female juvenile knowing that she is incapable of consent. On count 2, the state alleges that on 11 December 2015 and at F Block... More
The appellant appeared before a Regional Magistrate at Tredgold, Bulawayo on the 31st January 2019 facing a charge of contravening section 60A (1) of the Electricity Amendment Act, No. 12/07, that is to say, cut, damage, interfere with equipment to generate, supply and distribute electricity. The matter went to a full trial. Appellant was convicted and sentenced to a mandatory 10 years imprisonment.
Dissatisfied with the conviction and sentence appellant noted an appealwith this court. More
This is an application for bail pending appeal against both conviction and sentence.
The applicants were jointly charged of obstructing or endangering free movement of persons or traffic as defined in s 38 (c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that, on 15 January 2019 at 174 kilometre peg along the Harare – Mutare Road both applicants or one or more of them unlawfully left or placed on or over Harare – Mutare Road burning tyres with the intention or realising that there was real risk or possibility of obstructing Harare – Mutare Road or... More
On the 11th of May 2022 and at Lupane Magistrates’ Court applicant appeared on a charge of criminal abuse of office in contravention of section 174 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant pleaded not guilty. The allegations as outlined in the charge sheet are that during the period 23rd September 2021 to 25th September 2021 and at St Lukes Police base, Lupane, applicant a police officer employed by the Zimbabwe Republic Police, and in the exercise of his duty as such, unlawfully and intentionally acted inconsistently, by issuing a Livestock Clearance Certificate Form... More
The appellant pleaded guilty and was convicted and sentenced to terms of imprisonment by the provincial magistrate sitting at Harare on 14 July, 2020 on three charges of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and two charges of kidnapping as defined in s 93 (1) (a) of the same enactment.
The appellant was dissatisfied with the convictions and sentences imposed. He noted an appeal against both conviction and sentence on 21 July, 2020. At the hearing of this appeal, the appellant’s counsel abandoned the appeal against conviction but... More
This matter has had an unusually long and tortuous history dating back to January 2003. It has eventually come to trial on the following agreed issues: (i) whether the plaintiff bought Stand No. 6357, Glen View, Harare, from the 2nd, 3rd and 4th defendants’ late father; (ii) whether the 1st defendant was a bona fide purchaser of the property; (iii) whether the 2nd, 3rd and 4th defendants were entitled to cede the property to the 1st defendant; and (iv) whether or not the cession should be reversed and title be passed to the plaintiff. Related to these issues is the... More
Applicant applied to this Court for the review of his dismissal from employment by Respondent. Respondent opposed the application. There were three (3) grounds of appeal. During oral argument in this Court Applicant abandoned two(2) of the grounds. More
This is an application for condonation for late noting of appeal. The brief facts are that the Applicant was employed by the Respondent at its Lytton Road factory. On 12 December 2009 whilst on duty, the Applicant engaged in a fight with another employee, who was his supervisor by the name Dennis Gamariel. The two were both attended at Harare Hospital for injuries received during the fight. The medical affidavits were produce during the hearing. As a result the Applicant was charged and found guilty with physical assault and fighting in contravention of section 9.2.2.xi of the Respondent’s Code of... More
This is a ruling on whether or not present application should be treated as urgent. The background thereto is that the parties entered into a contract for the hire and lease of an excavator. That relationship soured. Present respondent instituted rei vindicatio proceedings in this court. More
This is a court application for summary judgment in action proceedings commenced by the applicant against the respondents under case number HC 996/17. The applicant alleges that it sues on a liquid document and claims against the respondents jointly and severally, the one paying the other to be absolved. Applicant seeks payment of a sum of US$45 057,54 being the balance based on an acknowledgment of debt. The total amount allegedly due was originally a sum of US$60 770,00 in respect of a loan advanced by the applicant to 1st respondent. The 2nd, 3rd and 4th respondents jointly signed a... More
