This is an appeal against an arbitral award handed down on 20 January 2015, in terms of which the respondent was awarded damages for loss of employment. More
This is an automatic appeal, filed in terms of s 44(2)(c) of the High Court Act (Chapter 7;06), against conviction and the penalty of a death sentence imposed on the appellants by the High Court on 8 June 2020 following their conviction on a charge of murder with constructive intent. Two separate appeals were filed by each of the appellants. The two appeals in question were consolidated, through an order of this Court dated 6 July 2022, as both appeals involved the same judgment. More
This application for confirmation of ruling by the applicant is not opposed. The 1st Respondent is not opposed to the relief being sought. 1st Respondent is merely seeking to be allowed to pay off the debt in 2 to 3 months. The representative for the company indicated that they had managed to secure the funds through a loan. He said the company was having cash flow problems and because this court does not want to kill the hen that lays the golden egg the period will be extended but not up to the three months as this will severely prejudice... More
This is an appeal against the entire judgment of the High Court sitting at Harare dated 30 March 2016 wherein it was held that there was a valid and binding surety agreement between the appellant and the respondent. On that basis the appellant was ordered to pay the respondent the sum of US$37,497.42. More
: This is an opposed chamber application for condonation for non-compliance with r 60 (2) of the Supreme Court Rules, 2018 and for extension of time within which to appeal. The intended appeal is against a judgment of the Labour Court handed down on 25 January 2019 dismissing an application for review of the decision made by the first respondent to dismiss the applicant from employment. More
Pursuant to an application for contempt of court made in terms of r 388 of the then High Court Rules, 1971, this court granted the order below on the 11th of June 2021.
1. The respondent be and is hereby held to be in contempt of paragraph 2 of the order granted by this Honourable Court in case number HC 3454/17.
2. The respondent be and is hereby committed to gaol for a period of thirty days, or until such time as he has complied with paragraph 2 of the court order in Case Number HC 3454/17.
3. The Sheriff... More
This is an application for the review of the first respondent’s decision to withdraw an offer letter granted to the applicant for the occupation and use of certain agricultural land described as subdivision 3 of Umvukwe North situated in the Mazowe District of Mashonaland Province, measuring 246.01 hectares. The decision to withdraw the offer letter was taken on 20 July 2017. More
This is an application for leave to execute pending appeal. The application is made pursuant to a judgment I granted with costs in favour of the applicant on 11 May 2020 under judgment number HB 63/20 and case number HC 1776/19. The applicant had sought an order declaring the directive of the 2nd respondent halting the applicant’s and 1st respondent’s mining operations on a certain contested claim to be invalid, which application I granted, ordering the applicant to resume mining operations. The 1st respondent appealed against the judgment, effectively suspending its execution. The applicant seeks leave of this court to... More
This is an application for a declaratory made in terms of section 14 of the High Court Act (Chapter 9:06). The applicant seeks to nullify the decision made by the 1st respondent on 27th January 2018. The nature of the relief sought in the draft order is in the following terms:
“It is ordered that;
1. The order issued by the 1st respondent on 17th January 2018 be and is hereby declared unlawful and invalid.
2. The applicant be and is hereby allowed to rescind mining operations at Clifton 15 Mine.
3. The respondent be and is hereby ordered t... More
This is an application for rescission of judgment made in terms of Rule 449 (1) (a) of the High Court Rules 1971. Rule 449 (1) (a) reads as follows:
“449. Correction, variation and rescission of judgments and orders
(1) The court or a judge may, in addition to any other power it or he may have, meru
moto or upon the application of any party affected, correct, rescind, or vary any
judgment or order –
(a) that was erroneously sought or erroneously granted in the absence of any
party affected thereby; or” More
The appellant was employed by respondent as a Lecturer at Belvedere Technical Teachers’ College. Following allegations that appellant conducted income generating projects using respondent’s resources but failed to account for the money he received, he was charged on five (5) counts. Three of the charges related to the income generating projects, the fourth charge was for using an unofficial receipt book to receipt the money he received and the fifth charge was for receiving the said money when it was not in line with his duties as a lecturer. He was found liable and dismissed. More
The appellant was employed as an accountant by the respondent’s engineering division.
He was arraigned before a disciplinary committee for acts of misconduct. He was found guilty of unsatisfactory work performance. He was dismissed.
This appeal is against the decision to find him guilty and to dismiss him. But in heads of argument filed in appellant’s behalf, the issue of conviction is not argued it may be that the appellant had decided to abandon it and merely base his appeal on challenging the penalty imposed. More
The applicant a male adult aged 22 years is facing a charge of murder in contravention of s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He applied for his release on bail pending trial in this court. The state opposed the application sought.
It alleged that on 2 September 2022 the 3 year old deceased who was residing with the applicant and his family, messed herself up without telling the applicant or his wife that she wanted to use the toilet. Angered by this, the applicant assaulted the deceased using a leather belt all over her... More
The appellant appeared before a Regional Magistrate sitting at Gweru facing three counts. The first count is contempt of court as defined in section 182(1) (2) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The second and third counts are attempted murder as defined in section 189 as read with section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count the learned Regional Magistrate found the appellant guilty and imposed a fine of $300 or in default of payment 3 months imprisonment. In counts 2 and 3 appellant was found guilty... More
This is an application for bail pending trial which was only filed on 15 March 2012 when the applicant and his co-accused were arrested on 12 September 2010. The applicant says he once filed a bail application but withdrew it. More
