I heard this matter on 16 September 2021. I delivered an ex tempore judgment in which I:
(i) dismissed the defendant’s exception and directed the plaintiff to file and serve his amended summons and declaration upon the defendant within ten (10) working days of the date of this order;
(ii) dismissed the defendant’s special plea of prescription;
(iii) upheld the defendant’s special plea of res judicata only to the extent of the plaintiff’s claim for $ 50 000 and dismissed the same in respect of his claim for $ 30 000 – and
(iv) ordered that costs be in the... More
This is an application for review and an appeal against the decision of the Respondent’s Company’s appeals Board which confirmed the Appellant/Applicant’s dismissal following allegations of wilful disobedience to a lawful order and being absent from work for more than 5 days in a year without lawful excuse. More
Appellant was the chairman of the Workers Committee (WC) of Chemplex Holdings Ltd and its subsidiaries including respondent. He also worked for respondent as a machine operator. Respondent carried out an exercise to avoid retrenchment. One of the measures considered was putting employees on short time. The employees were aggrieved by the measures. They appealed to this court under reference LC/H/278/13. They were represented by their trade union (tu). More
This is an application in terms of Order 49 rule 449(1) (a) of the High Court Rules, 1971 (Rules). This rule provides that the court or a judge may, in addition to any other power it or he may have, mero motu or upon the application of any affected party, correct, rescind, or vary any judgment or order that was erroneously sought or erroneously granted in the absence of any party affected thereby. Applicants seeks an order drawn in the following terms:
1. The default judgment granted on the 9th June 2016, be and is hereby set-aside.
2. The notice... More
The background to the seeking of these inelegantly couched and long-winded orders is this: -
The applicant obtained a loan from the 2nd respondent which he secured by registering a mortgage bond against the immovable property described herein. The debt was not paid as per agreement and the 2nd respondent successfully obtained judgment against the applicant, which judgment declared the immovable property executable. The 3rd respondent subsequently sold the immovable property at a judicial sale and the 1st respondent was declared the highest bidder. A purported request to have the sale set aside in terms of the then rule 359... More
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
