The plaintiff on 13 May 2011 issued summons out of this court seeking a decree of divorce, custody of the two minor children and division of the assets of the parties on the basis irretrievable breakdown of the marriage. More
Appellant worked for Respondent as a Revenue Specialist based at Beit Bridge. By letter dated 5th August 2005 Respondent charged him with misconduct. A hearing was held. He was found guilty. A penalty of dismissal was imposed. He appealed to the Respondent’s Appeals Committee. The Committee upheld Appellant’s dismissal. He then appealed to this Court. More
This is an application to amend the applicant’s plea. At the beginning of the hearing respondents counsel asked for the expunging of the applicant’s answering affidavit as it was filed late and after respondent’s heads of argument had been filed. More
The applicant is a commercial farmer who used to own Valhalla, Farm in Rusape which is now State land. He has remained on that farm by virtue of a consent order issued by the Administrative Court on 7 October 2002 in terms of which the first respondent agreed not to acquire the farm in question. He also relies on a letter dated 19 December 2007 in which the District Administrator recommended that he continues farming on the farm. More
2. The appellant is a company duly registered in terms of the laws of Zimbabwe. The respondent is the executrix dative of the estate of the late Tererai Terance Muridzo (the deceased). The appellant and the respondent entered into an instalment sale agreement of sale of a residential stand situated at Rydale Park, called Stand No. 3047, measuring 300 square metres (the stand). In terms of the agreement, the purchase price was the sum of US$18 500, payable by way of an initial deposit of US$5000 and the balance of US$13 500 payable in 24 monthly instalments of US$563 on... More
The applicant is seeking cancellation or confirmation of cancellation of an agreement of sale which the parties entered into on 19 January 2015. In terms of that agreement the applicant sold an immovable property known as Stand 1584 Rydale Ridge Park measuring 588 square metres to the two respondents for USD16 700. More
The applicant approached this court on an urgent basis seeking the following relief:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
(a) 2nd Respondent be and is hereby barred from impounding Applicant’s title deeds.
(b) 2nd Respondent be and is hereby barred from refusing to register the transfer of Applicant’s stands at 1st Respondent’s instance excerpt in accordance with a Court order.
(c) 1st Respondent shall not apply to any Court in Zimbabwe for an order barring 2nd Respondent from registering the transfer... More
The parties entered into an instalment sale of a residential stand situate at Rydale Ridge Park being Stand Number 3047 on 7 September 2018. The purchase price was US$18 500.00 payable on the following terms: US$5 000.00 deposit and US$563.00 per month paid over a period of 24 months beginning on 1 October 2018.
If mathematics is still a trusted science, the last and final instalment would have been on 1 September 2020. Key in the agreement of sale and to these proceedings between the parties are clauses (a) and (b) of the Agreement of Sale which read as follows:... More
This is an appeal against the award granted by honourable arbitrator Y Malama on 17 September 2014. The award is couched as follows
“Having made the above observation, I award that the employees were unfairly dismissed and should be reinstated to their original positions without loss of salary and benefits from date of dismissal and that if reinstatement is no longer an option the employees be paid damages in lieu of reinstatement, the quantum of which parties may agree and that failure to agree either party may refer the matter back to the arbitrator for quantification of such damages.”
The... More
The Respondent was employed by the Appellant as a Flight Lines Engineer. He was employed on the basis of a fixed term contract from the 1st of October 2021 to the 30th of September, 2024. The Respondent’s employment was terminated on the 31st of January, 2023. The Respondent being aggrieved by a perceived unlawful termination referred the dispute to a Labour Officer. The matter was set down for conciliation. The parties however failed to reach conciliation. A Certificate of No Settlement was issued although it does not form part of the record. The Labour Officer then proceeded to hear oral... More
The applicant is the holder of title of a certain piece of land in the District of Salisbury Called Stand 45A Ardbennie Industrial Township(hereinafter referred to as “the property”). On 27 September 2016, applicant and the respondent entered into an agreement of sale in respect of the property. More
This is an appeal against the decision of the Magistrates Court sitting at Chiredzi wherein it granted respondent’s application for spoliation in respect of a piece of land situate in the Lowveld district of Chiredzi, namely subdivision 111 of Mkwasine Central, Chiredzi (“the piece of land’). The appellant attacks the decision of the court a quo on two broad grounds namely that it (i.e. court a quo) ought to have declined to entertain the application for spoliation as essentially the same dispute pitting the same parties was pending in a different court case. The argument therefore is that the court... More
This is a matter in which I stayed my decision pending the determination of an appeal in case number CA197/07. The appeal was determined on 5 October 2011 but the respondent in this case promptly noted an appeal with the Supreme Court against the judgment of HLATSHWAYO J. The parties submitted that the determination of the matter again be stayed pending the decision of the Supreme Court. By letter dated 29 October 2012 the parties advised that the appeal before the Supreme Court had been removed from the roll by consent of both parties. Thus, as there is no longer... More
