This is an application for direct access to this Court, filed in terms of s 167 (5) of the Constitution as read with R 21 of the Constitutional Court Rules, 2016. It is contested. If the application is granted, the applicant intends to file a substantive application with this Court, alleging that in dealing with a non-constitutional issue, the Supreme Court, (“ the court a quo”), violated its rights to be heard and to a fair hearing as guaranteed by s 69 (2) and (3) of the Constitution. More
This is an appeal against an arbitral award handed down on 22 April 2015, in terms of which the appellant was ordered to pay the respondent a total sum of US$25 500-00 as overtime.
The basic facts of this matter are common cause. The respondent was employed by the appellant as a Stock Controller. He held this position from March 2011 to November 2014, when he was dismissed from employment for misconduct. The circumstances leading to his dismissal are not the subject of this case.It suffices to state that after his dismissal, he lodged a complaint of non-payment of overtime,... More
This is an appeal against the decision of the Respondent to dismiss Appellant from employment.
The brief background of this matter is that Appellant was employed by the Respondent as a Manufacturer from 2004 to October 2012. The Appellant was suspended from employment on the 15th of October 2012 on a charge of breaching of Confidence involving company secrets. It was alleged that the Appellant deliberately divulged secrets to someone who was under investigation. It was alleged that Appellant sent a text message to Barbra about Nhamo’s suspension. A hearing was conducted and Appellant was dismissed. He made an internal... More
The 2 applicants are husband and wife who are seeking an order for the eviction of the first respondent, and all those claiming occupation through her, from stand 17405 Katanga Norton. The applicants state that they purchased a vacant stand from WinniePatimaKandengwa and Charles Aaron Kandengwa on 4 August 2008 and have referred to a sale agreement filed in HC 12070/11 a matter in which the first applicant sued the sellers, the second respondent and the Deputy Sheriff for transfer of right, title and interest in that stand. More
The nine appellants were convicted on their own plea of guilty to contravening section 368 (2) as read with s 368 (4) of the Mines and Minerals Act, [Chapter 21:05](“the Act”). Theywere each sentenced to the mandatory 2 years imprisonment. They appealed against conviction on the basis that they were convicted on a chargewhich was not supported by the facts admitted between them and the State. More
This is an application for review of the decision by the Respondent leading to the Appellant’s dismissal.
Facts of the case are that Applicant was brought before a Disciplinary Committee at his workplace facing allegations of contravening the Respondent’s Code of Conduct. When he was supposed to appear before the committee he stated that he was unwell to be present at the proceedings. More
This is an appeal against the decision of a magistrate court refusing to release appellant on bail pending his trial on a charge of contravening section 157(1)(a) of the Criminal Law (Codification and Reform) Act Chapter 9:23 - “possession of dangerous drug cocaine” - without a licence. Appellant launched a bail application before the Magistrates Court sitting a West Commonage in Bulawayo. His application was dismissed. The appellant is aggrieved by the dismissal of his bail application and now appeals to this court against the decision of the magistrate not to grant him bail. More
This is an application for bail pending trial. Applicant was arraigned before the magistrate’s court facing three offences namely;
1. Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
2. Conspiracy to commit Robbery as defined in s 188 as read with s 126 of the Criminal Law (Codification and Reform) Act
3. Unlawful possession of a firearm as defined in s4 (1) of the Firearms Act [Chapter 10:09] More
The applicant issued summons claiming payment of the sum of US15 900-00, interest on the amount at the prescribed rate and costs of suit on attorney-client scale. The respondent entered an appearance to defend. The applicant then applied for summary judgment. More
This chamber application was opposed by the first respondent. I set it down for hearing on 21 July 2024. Applicant and Counsel for first respondent appeared. Applicant requested a postponement as he felt that his relatives had to be present. He indicated that he had not been aware of the set down date and only appeared because the Registrar of this court had called him on his cell phone. Counsel for the first respondent was not opposed to the application for postponement. I postponed the matter to 1 July 2024 at 1000hours. More
This is an urgent chamber application in which the applicants essentially seek stay of execution on of the order granted in case No. HC 2258/21 pending determination of a court application for the rescission of that order. The court application is yet to be filed. The application for rescission of judgment could not be filed prior to or at the time of the filing of the urgent chamber application owing to the Covid 19 induced lockdown and the Practice Direction issued pursuant thereto. The interim relief sought is for first respondent to be interdicted from interfering with second and third... More
The plaintiffs issued summons against the defendants claiming the sum of US$402 000-00 being ‘excess of costs that the plaintiffs will pay for the construction of 3 villas on stand number 553 Quinnington Township Borrowdale’. The plaintiff further claimed interest on the above sum calculated at the prescribed rate plus costs of suit.
The second defendant gave notice in terms of the rules that, unless the summons were withdrawn, it would except thereto. The summons not having been withdrawn, the second defendant duly filed the exception simultaneously with a special plea. The second defendant excepted on the grounds that the... More
The plaintiff is a duly registered Estate Agent with the Estate Agent Council of Zimbabwe.
The defendant is a duly registered company in terms of the laws of Zimbabwe.
On the 5th May 2014 the plaintiff sued the defendant in this court claiming from the defendant:
1. Payment in the sum of $ 30 000.00 being agents’ commission for a property duly sold at the instance of the defendant.
2. Interest on the said $30 000.00 from the date of demand being the 28th of February 2013 to the date of payment in full.
3. Costs of suit. More
On 8 January 2010 the applicant filed this application seeking the following relief:
“It is ordered that:
1. The cancellation of the Lease Agreement between the parties be and is hereby confirmed.
2. The first respondent and all those claiming occupation of the property being No. 74 Douglas Road, Workington, Harare through it be and are hereby ordered to vacate the property forthwith failing which the Deputy Sheriff be and is hereby authorized to evict them at their expense.
3. That the respondents pay arrear rentals in the combined sum of US4 418-00 jointly and severally the one paying the... More
This is an appeal against the whole judgment of the High Court dated 3 October 2016. After hearing argument in the matter, we allowed the appeal and made the following order:
1. The appeal be and is hereby allowed.
2. The judgment of the court a quo is set aside and is substituted with the following, “The accused is found not guilty and is discharged.” More