This is an application for review seeking the nullification of the nomination and appointment of the first respondent as Chief of the Munyikwa people. The applicant avers that the customary principles of succession to the Munyikwa chieftainship were not followed and as a result the wrong person was nominated for appointment. More
In this action the plaintiff prays for the following relief:
1. The sum of USD 5 753-90.
2. Interest on the said sum at the prescribed rate for the date of service of the summons to date of payment.
3. Costs of suit on attorney and client scale. More
The appellant noted an appeal against the judgement of the magistrate sitting at Kariba in terms of which the appellant’s claim for $10.000 was dismissed with costs. At the hearing, O.D Mawadze for the appellant indicated that the grounds of appeal had been consolidated and hence there were now only two as follows:
a. Whether or not there was a misdirection in disregarding the written agreement between the appellant and the respondent.
b. Whether or not the appellant had locus standi to claim for statutory fees and unpaid fines and if so, whether these had been proven on a balance... More
At the material time the plaintiff was leasing 2nd floor apartment of Robinson House, Harare from the third defendant through the first defendant who had been duly appointed as the third defendant’s managing agent. More
The applicant has approached this court by way of an application for an order placing the estate of the respondent under provisional liquidation. As the respondent is an individual, it is understood and accepted by both parties that what is sought is an order placing the estate of the respondent under provisional sequestration and appointing a trustee to run and manage the financial and business affairs of the respondent More
This matter came before me as an opposed application. The applicant sought confirmation of an interim order that was granted by consent on the 22nd May 2017 by the Honourable JUSTICE TSANGA. More
This is an application for condonation of late filing of an application for review. In April 2016 the second respondent embarked on a retrenchment exercise. The second respondent offered to pay the applicants the minimum retrenchment package in terms of section 12 (2) (c ) of the Labour Act [Chapter 28:01] as amended. In addition the second respondent also offered to pay other allowances over and above the statutory minimum retrenchment package. The applicants refused the offer. The second respondent proceeded with the retrenchment process in terms of the Labour Act. On 11 May 2016 the first respondent confirmed the... More
The law as regards the interpretation of s 198(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07] which relates to the discharge of an accused at the close of the prosecution case is a well beaten path. It is however at times disheartening that these simple and often repeated principles are either misinterpreted, misunderstood or simply ignored. If both parties in a criminal trial fully appreciate this law and apply their minds a lot of valuable time and energy may be saved in criminal trials More
The appellants were on their own pleas of guilty convicted of contravening s 184(g) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. They were each sentenced to 12 months imprisonment of which 2 months imprisonment was suspended on condition of future good conduct. More
This is an appeal against magistrate’s refusal to grant bail in terms of s 121(1)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07].
In appeals such as this one, an appellate court will only interfere with the magistrate’s decision only if the magistrate committed an irregularity or misdirection or if the magistrate exercised her discretion unreasonably or improperly to vitiate her discretion – S v Malunjwa 2003(1) ZLR 276(H) – AG vSiwela SC 20/17 More
This is an appeal against the decision of the appeals hearing officer who upheld the guilty verdict and dismissal penalty meted out on appellant following allegations of willful disobedience to a lawful order in contravention of the respondent employment code of conduct. More
This is a chamber application for condonation of the late filing of an appeal against conviction. In terms of r 106(7) of the High Court Rules, 2021 this matter was set down for oral argument and heard on 13 May 2022. After argument by the parties, I gave an ex-tempore judgment and dismissed the application. On 17 March 2023 the applicant wrote a letter to the Registrar asking for the reasons for the dismissal of his application. The letter was brought to my attention on the 27 March 2023. In the letter he suggests that I dismissed his appeal against... More
The applicant appeared before the Magistrates Court at Harare on a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
