These are largely common cause as shown by the following sequence of events. On 29 August 2016, applicant caused summons to be issued out of this court against the respondents under case number HC 2163/16 claiming defamation damages in the sum of US$100 000-00. The respondents defended the claim and the matter progressed all the way to trial before MABHIKWA J who on 19th May 2019 upheld the applicant’s claim for damages against the 1st and 3rd respondents and awarded applicant the sum of US$16 000-00 as damages. More
Plaintiff issued summons for defamation against the three defendants. He complained that on the back page of the Southern Eye issue of 21 January 2015, the 1st defendant published a story under the headline.
“Outcry over Maphepha disqualification clumsy.”
Plaintiff complained further that the story dealt with the administrative difficulties faced by Highlanders as a club and an anonymous source therein was purportedly quoted stating that plaintiff was suspended for misappropriating funds from the Highlanders football club during his tenure as club chairman. More
On 23rd September 2010 the Honourable C. Kabasa made an arbitration award. In terms thereof he dismissed Appellant’s claims (save for a gratuity) against Respondent. Appellant then appealed to this Court against the award.
Appellant’s case was captured in the award under the sub-title “submissions.” It was a claim for reinstatement with effect from 31 October 2008. In addition he sought back-pay and benefits. Respondent countered that Appellant left his employ for a better paying job in Sudan. Upon his return, Appellant sought employment from them but none was available. The arbitrator’s analysis appears under the sub-title “Observation”. The gist... More
DUBE-BANDA J:This is an urgent application. This application was lodged in this court on 21st September 2021. It was placed before me on the 22nd September 2021 and I directed that it be served on the respondent together with a notice of set down for the 28th September 2021. The application is opposed by the respondent. Applicant seeks an order couched in the following terms: More
The first and third respondents are business partners. Some time ago, the date has not been specified, the two agreed to enter into a joint venture involving gold mining in the country. The first respondent a foreign national then joined forces with the third respondent and others culminating in the formation of the second respondent and its subsequent incorporation as a limited liability company. There is some dispute as to whether or not the third respondent is a director in the second respondent, but in my view that dispute is not pertinent for the resolution of this application. At any... More
In the application before me, the applicant seeks specific performance of an employment contract. The background facts are not heavily disputed, hence, I will highlight them in brief. The applicant was employed by the respondent as corporate Secretary until the 31 March 2020, when his contract was terminated on notice. In terms of the agreement (hereinafter called “the 2015 contract”), the applicant was employed for a fixed period of four (4) years. The contract gave him a number of benefits specified in clause 10, which I now summarize below: More
This is an appeal against the whole judgment of the High Court in terms of which the custody of the two minor children sired by the appellant with the respondent was awarded to the respondent and the appellant ordered to pay the respondent’s costs of suit. More
The two applicants are former employees of the respondent. They seek from this court an order to the effect that:1. The memorandum of agreements of voluntary retrenchment signed on 12 August 2016 between the applicants and the respondents be declared valid and binding between the parties.
2. The respondent be ordered to pay the applicants their retrenchment packages forthwith in the sums of US$11 452,00 and US$13 372,00 respectively.
3. The respondent be ordered to pay costs of suit at an attorney and client scale. More
KABASA J: On 6th June 2017 the plaintiff issued summons against the defendant in which he claimed the payment of $59 400 being money owed following the rescission of sale of a piece of land.
The genesis of the claim was elaborated in the plaintiff’s declaration. I must say the declaration was a little confusing as it stated that the plaintiff had sold a piece of land to the defendant and the defendant owed the plaintiff $59 400 inclusive of legal costs for the purchase of this piece of land. More
The applicant and respondent conducted a relationship. As a result, two children were born. The applicant avers that he was customarily married to the respondent, who is his common law wife’s sister. Pursuant to their customary law marriage, he had secured for his young family a house in a low density suburb in Harare, a short distance from where he lived with his other family. The respondent disputes that she was his customary law wife. She avers that he bought the house so that she together with the children, enjoy a comfortable standard of living. It was a settlement to... More
This is an application for rescission of two default judgments granted in favour of the respondent in case numbers HC11700/16 and HC 11701/16 respectively on 24 April, 2017 against the applicants jointly and severally the one paying the other to be absolved for payment of the sums of US$1 232 672 and US$2 070 908.03. The judgments ordered payment of interest and costs on the amounts of the judgment. Further, in case number HC 11700/16 an immovable property called stand 896 Glen Lorne Township of 23 Lot BC Kambanyi held under Deed of Transfer number 492/2009 by one Rodney Ndangariro... More
This is a dispute concerning the sale and transfer of a flat in Josiah Chinamano Avenue, Harare. The applicant has been the sitting tenant of the flat for many years. The 1st respondent purchased the flat from one Chiwara in July 2009 and acquired its ownership shares from the 2nd respondent in January 2010. He sought vacant possession but this was refused by the applicant. He eventually obtained an ejectment certificate which was registered with the Magistrates Court in August 2011. This registration is the subject of an appeal by the applicant lodged in September 2011 and pending before this... More
This is an application for bail pending determination of the applicant’s appeal against both conviction and sentence. The applicant made an application for bail pending appeal before the trial Magistrate after his conviction and sentence. The application was dismissed. More
On 27 April 2017, I granted a final order with the consent of counsel for all the parties in the following terms:
It is ordered by Consent that:
1. The applicant to remain in occupation pending determination of the application for joinder and application for rescission to be made within three days of this order.
2. The costs be costs in the cause. More
