This is an appeal against a decision of the Magistrates Court wherein the first respondent was awarded an order to evict the first and second appellants and all those claiming occupation through them, from stand number 7006 Retreat, Waterfalls, Harare. More
This is an appeal against the manner in which the appellant and the respondent parted ways. Before the hearing commenced the court inquired of the appellant’s counsel on what decision was being appealed. Counsel for the appellant advised the court that it was the decision of the hearing officer which was being appealed. The decision (dated 2 December 2020) reads and I quote: More
Parties herein are husband and wife. The plaintiff seeks divorce and ancillary relief against her husband the defendant whom she married in accordance with customary law rites in 2004 and wed in terms of the Marriage Act More
At the conclusion of the hearing of this matter on 14 August 2024, counsel for the plaintiff undertook to file written closing submissions by the 19th of August 2024 whilst defendant’s counsel would file by 23rd August 2024. Plaintiff’s closing submissions were duly filed but to date defendant’s submissions have not yet been filed. I am therefore proceeding to write this judgment without them as I could not wait forever. This is a matter in which the plaintiff is claiming adultery damages in the total amount of USD 30 000.00 against the defendant. These are broken down as USD 15... More
This is an application for condonation of the failure to file an application for reinstatement of an appeal in terms of r70 (2) of the Supreme Court Rules 2018. If condonation is granted to the applicant it would like to then file an application for reinstatement of an appeal which was regarded as abandoned and deemed dismissed in terms of r37 (2) of this Court’s rules. More
The three applicants made this application purportedly in terms of the Common Law or alternatively Rule 449 of Order 49 of the High Court Rules 1971, for the rescission of the court order in case No. HC 2127/18. They aver that this Honourable court was misled into granting the order through fraud or that it was erroneously sought and erroneously granted in their absence. More
The plaintiff operates a real estate business, including the valuation of assets and auctioning. The defendant is a statutory body established under the Agricultural and Rural Development Authority Act [Chapter 18:01]. The plaintiff issued summons in March 2010, claiming from the defendant the sum of US$17,309.86 as valuation fees, together with interest at the rate of 5% per month, 10% collection commission and costs of suit. More
1. This is an appeal against part of a judgment of the High Court dated 17 July, 2019 in
which the court a quo set aside the respondents dismissal from the police service commission and ordered his reinstatement without loss of salary and benefits. More
This is an application for condonation for late noting of appeal. The applicant was dismissed from employment on 18 September 2012. The applicant has not yet exhausted domestic remedies. He was supposed to appeal to the Chief Executive Officer. To date he has not made such appeal. There is therefore no determination of the Chief Executive Officer. In terms of respondent’s Code of Conduct an appeal from the decision of the Chief Executive Officer lies to this Court. More
The appellant appeared before a magistrate at Bulawayo on the 24th January 2019 facing a charge of public violence as defined in section 36 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Appellant pleaded guilty. Appellant was convicted and sentenced to 5 years imprisonment of which 1 year was suspended for 5 years on condition of future good behavior. More
The applicant was arrested and arraigned before the magistrate court on a charge of rape. He was detained in custody and has approached this court seeking for bail pending trial. More
The applicant and the first respondent enjoyed a lesee - lessor relationship. They did so in terms of the commercial lease agreement which they signed on 22 October, 2015. The lease related to the first respondent’s immovable property known as Stand 3325 Salisbury Township commonly called Old Central Stores, Harare which the applicant leased from the first respondent at a monthly rental of $905 as well as operating costs of $282 per month More
Pomelo (as investor) and Annadale (as asset owner) entered into a mining joint venture (JV) through Beatrice Mine as the JV company. The investor and asset owner respectively held 74% and 26 % shareholding in the JV company. The asset comprised of several mining claim claims located in the Beatrice area. The joint venture (JV) collapsed. The asset owner alleged failure by the investor to invest in the JV as agreed. It demanded the 74% that had been allotted to the investor. The dispute was referred to arbitration and the investor succeeded. The investor made spirited efforts to resist this... More
The applicant purchased a certain piece of undeveloped immovable property known as Stand 1145 Hilton of Subdivision A of Waterfalls from the first respondent. The full purchase price has been paid to a firm of lawyers and the applicant is awaiting transfer. The applicant has since sued the respondent for specific performance seeking transfer under case number HC 3885/12. More
“TERMS OF FINAL ORDER SOUGHT
1. That in the absence of legislation or a court order, 1st respondent is not entitled to take the law into his own hands and bring about an eviction of the applicants.
2. That respondents pay the costs of suit. More
