The following facts are common cause. The plaintiff is the owner of business premises situated at defendant No 18 Shepperton Road, Graniteside, Harare. On 16 December, 2002, the company entered into a lease agreement with the defendant whereby the defendant leased from the plaintiff a portion of the business premises. The lease agreement was renewable annually. In 2005, the parties agreed to renew the agreement every four months and would agree on the monthly rental for the four months. In December 2005 the rental was $40 million. It was a term of the agreement that rent was payable on or... More
The appellant and the first respondent are companies incorporated in terms of the laws of Zimbabwe. The first respondent is the owner of a certain piece of land, being two thirds shares of the Remaining extent of Teviotdale (hereinafter referred to as ‘part of the farm’) held under Deed of Transfer 8935/90. The appellant is the registered holder of a mining block consisting of ten gold reef claims named Forest K of Forest View (hereinafter referred to as ‘Forest K claims’) which block is situated on the respondent’s farm. More
This is an application for the confirmation of a provisional order granted on an urgent basis on 27 July 2020 wherein the respondent and anyone in its employ was interdicted from extracting mineral resources at applicant’s mining claim registered as 40826BM. The final order sought herein is that respondent and anyone in its employ should allow applicant access to its mining site, hand over the same to applicant and not interfere with applicant’s claim and activities on the said claim. More
The record of this matter was placed before me in Chambers to be dealt with in accordance with Section 89 (2) (a (i) of the Labour Act [Chapter 28:01]. More
The appellant hereinan estate agency negotiated a sale of an immovable property between the Estate Late Hayisa the seller, and the respondent. The respondent failed to raise the purchase price which he purported was coming from abroad. He duly notified the appellants as agents of the seller of his predicament advising them to sellthe property to another purchaser. More
The plaintiff seeks provisional sentence in the sum of US$36 457-11 together with interest at the rate of 5% per annum from 19 October 2011 to date of payment, a sum contained in various quotations attached to the provisional sentence summons. He also relies on the judgment of this court, being HH 79-06, per BHUNU J, ordering the defendant to pay the plaintiff the sum of $4 744 515 138-00 (four billion seven hundred and forty four million five hundred and fifteen thousand one hundred and thirty eight Zimbabwe dollars), plus interest at the prescribed rate and costs of suit. More
The plaintiffs’ case is that they own certain housing units situate in RAN mine compound. The 18 defendants were among other employees who were employed by RAN mine. They were given accommodation as part of their employment benefits. In 1999 the mine workers, including the defendants, were retrenched from work and paid their retrenchment package which included a relocation allowance of $5000. The plaintiffs said the retrenchment was approved by the Ministry of Labour in line with labour laws and that the retrenchment package was one agreed to by the Works Council and Management. Despite demand, it is alleged the... More
This an application for the registration of an arbitral award as an order of this court for purposes of enforcement.
The application is made in terms of s 98(14) of the Labour Act [Cap 28:01] (“the Act”) which provides as follows:
“(14) Any party to whom an arbitral award relates may submit for registration the copy of it furnished to him in terms of subs (13) to the court of any magistrate which would have had jurisdiction to make an order corresponding to the award had the matter been determined by it, or, if the arbitral award exceeds the jurisdiction... More
This is an application for a spoliation order whereby the applicants pray for restoration of status-a-quo ante prevailing at Plot No. 1 Robbsdale Farm Mhangura as at 17 June 2017. On the return date the applicants would pray for a final order in the nature of an interdict where the applicants are barred from unlawfully interfering with the applicants farming activities at and occupation of Plot No. 1 Robbsale Farm. More
This is an appeal against a determination by Ms P. Chiyangwa Designated Agent, which determination was issued on the 19th of April, 2022. In her determination the Designated Agent had directed the reinstatement of Respondent without loss of salary and benefits. More
MAKONESE J: This is an application for a declaratory order. The applicant seeks an order in the following terms;
“IT IS ORDERED THAT:
1. The purported sale in execution of the applicant’s immovable property commonly known as a certain piece of land being stand 1116 Bulawayo Township situate in the district of Bulawayo measuring 1110 square metres, and the subsequent confirmation of such sale under case number HC3088/13 be declared null and void and of no force and effect. More
This is an application for bail pending appeal.
The applicant was convicted by a Provincial Magistrate at Chipinge on three counts of stock theft as defined in s 114 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. More
This is an application for leave to prosecute an appeal in person. The application is dated 5th of November 2019. The matter was initially placed before MABHIKWA J in November 2020. The learned judge who has now left the service ordered that the application for leave for appeal in person be dismissed. More
The applicant is the executor and a beneficiary in the estate of the late Juawo Nkomo (“Juawo”), his father. During his lifetime and in particular on 20 August 2013, the late Juawo entered into a mining joint venture agreement (“the agreement”) with the 1st respondent, a company duly incorporated in terms of the laws of the country. He was the registered owner of the mine called Koodoo 10 Mine, Makaha (“the mine”) situate in Mudzidistrict.
[2] In terms of the agreement, Juawo would facilitate change of ownership of the mine to incorporate the 1st respondent as co-owner of the mine... More
Parties to this matter agreed that the matter should proceed as a stated case. As a result they submitted a statement of agreed facts which as laid out the agreement and turn of events which led to the dispute in question. Parties further set out the issues which needed to be resolved in this matter More
