3. This application will be better understood against the background that follows. The applicant contends that on the 3rd April 2021, he entered into a loan agreement with respondent. He was advanced USD5 500.00 which the parties agreed would be payable on the 24 April 2021, together with interest and the total payable would turn to be USD7 150.00. According to the applicant it was agreed that he would pledge his motor vehicle a Toyota Hilux motor vehicle Registration No. AEF 6948 (vehicle), as security for the due repayment of the loan. The applicant surrendered possession of the vehicle to... More
This is an opposed court application seeking a declaratory order and other ancillary relief in the following terms;
“IT IS HEREBY ORDERED THAT:
1. The decision by the first respondent to hold a disciplinary trial in 2001 and the conviction of the applicant be and is hereby declared null and void.
2. The decision by the first respondent to hold a Board of Inquiry (Suitability) be and is hereby declared null and void.
3. The applicant be and is hereby reinstated forthwith without loss of salary and benefits.
4. Respondents pay costs of suit on an attorney and client scale.” More
The petitioner contested for and lost the Chinhoyi House of Assembly Constituency. He was ZANU (PF”S) candidate for that constituency, in the 29 March harmonised elections. He contested against the respondent an MDC Tsvangirai candidate, who won the right to represent that constituency. The Petitioner presented this petition to the Registrar of the Electoral Court on 14 April 2008. He sought an order of this court setting aside the respondent’s election and an order declaring the seat for the Chinhoyi House of Assembly Constituency vacant plus other procedural orders which would lead to a by-election being held in that constituency. More
The applicant is a son to the late Thomas Tavagwisa Zawaira who died on 5 September 2003.
The first respondent is the executor in the estate late Thomas T. Zawaira.The second respondent is cited in his official capacity.The third respondent is a mother and guardian of a minor child George Zawaira.The fourth to ninth respondents are all adults. More
The applicant approaches this Court in terms of s 123 (1) (a) (i) of the Criminal Procedure and Evidence Act [Chapter 9:07]with an application for bail pending appeal.He initially approached theHigh Courtwith the same application. The court a quo declined jurisdiction and deferred the application for determination by this Court. More
This is an application for bail pending trial.The applicants appeared before a Regional Magistrate on trial charged with robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act, Chapter 9:23.The allegations against the applicants are briefly that they went to the complainant’s home, armed with a pistol. They threatened the maid with that pistol and made off with the complainant’s property, most of which was later recovered. More
[ 1] This application for a declaratur was on course for argument when Mr. Tivadar for the respondents made application for leave to file an additional affidavit in terms of rule 59 (12) of the High Court Rules 2021.Both counsel agreed that such application be made and opposed from the bar with heads of argument being subsequently filed by both sides to buttress submissions made. I will return to this point shortly, in the interim, the background to the dispute; - More
The applicant was a co-director and shareholder of the first respondent, an investment vehicle through which a property known as stand 226 Sinoia Township situated in the district of Lomagundi, also known as 4 Windsor Court, Greenwood Terrace, Mzari in Chinhoyi (the property) is owned. The said company holds title to that property by deed of transfer number 3282/85. It is some kind of loose connection in which 4 blocks of flats at that property randomly constitute 25% shareholding each with the applicant being the proud owner of one block and therefore a 25% shareholding. More
The appellant a 40 year old first offender was properly convicted after contest of contravening s 4 (a) of the Prevention of Corruption Act [Cap. 9:16]. The appellant who was employed as a Finance, Administration and Human Resources Executive by the Zimbabwe Broadcasting Holdings corruptly appointed Raphnok Investments P/L as an advertising agent well knowing that it was not his duty to make such an appointment and that the company did not qualify for such appointment. More
This is a purported appeal against the whole judgment of the Supreme Court (“the court a quo”) setting aside a decision of the High Court which had nullified an audit report authored by the second respondent at the instance of the first respondent. The High Court had found that the second respondent was an administrative authority for purposes of the Administrative Justice Act [Chapter 10:28] (“the Administrative Justice Act or simply the AJA”) and that the audit report it had produced was consequently reviewable. The Court further found that the report was not only biased but that the auditors who... More
This is an appeal against the whole judgment of the High Court sitting at Harare in which the court dismissed an application for rescission of a default judgment entered against the appellant on 23 July 2015. More
The plaintiff in this matter, Robson Chapfika, is a businessman and finance consultant. He claims from the defendant, the Reserve Bank of Zimbabwe, specific sums of money sounding in various convertible currencies and equating to circa US$450,000.00, being 10% of the illegally exported amounts that he avers were identified or recovered by dint of his intervention as a so-called whistleblower. The defendant denies the plaintiff’s role in the identification or recovery of these amounts and, in any event, it disputes the legal basis of his claim. More
The background to this matter is largely common cause. The applicant obtained an order this court on 23 January 2008 in which he was awarded payment of;
(a) PB 63 750.00 as replacement value for his damaged vehicle.
(b) ZWD$83 717.09 for medical expenses.
(c) BP12 000 000.00 for car hire charges.
(d) ZWS 2 000 000.00 for pain and suffering.
(e) ZW$ 850 000.00 for disability
(f) ZW$1 000 000.00 for future medical expenses ZW$2 000 000.00 More
