This is an appeal against a decision of the lower court dismissing an appeal against an order by the Community Court. The appeal before the lower court was in terms of s 24 (1) of the Customary Law and Local Courts Act [Chapter 7:05]. More
This matter came before me via the chamber book. The application was filed on 13 June, 2011 and was scheduled to be heard on the 16th of June, 2011. Because the opposing papers were filed and served upon the first respondent a few minutes before the scheduled hearing, the applicant requested that the hearing be postponed to either 20 or 21 June, 2011 to enable her to file an answering affidavit. But since the applicant’s immovable property was set to be auctioned at 10 a.m. on 17 June, 2011 I directed that the hearing be postponed to 9 a.m. on... More
This is an appeal against the judgment of the High Court of Zimbabwe (‘court a quo’) dated 15 June 2023 in which it dismissed an application for a final interdict sought by the appellant against the respondents. The first respondent, which had an obvious interest in the matter, vigorously opposed the application while the second and the third respondents chose to abide by the decision of the court. More
This is an application for leave to execute the judgment of this court in Rose Natalie Heuer v Lugania Investments (Pvt) Ltd and Others HB 84-20 handed down by MABHIKWA J on 21st May 2020 pending an appeal noted with the Supreme Court.
The applicant contends that the appeal noted by 1st respondent was filed without the bona fide intention of testing the correctness of the judgment but was noted for the sole purpose of buying time to enable 1st respondent to continue having its mining equipment at the applicant’s mining claims at Empress Mine in defiance of an extant... More
The long and short of the plaintiff’s evidence on the breakdown of the marriage was that the defendant was physically and verbally violent towards her and the children of the marriage, was unfaithful to her and in the process sired a child with another woman during the subsistence of the marriage and in addition, drunk alcohol in excess. She laid the blame for the failure and breakdown of the marriage on the defendant.
In her detailed testimony, it emerged that in 1970 she fell pregnant and abandoned training as a nurse at Mpilo Hospital, Bulawayo while in the second year... More
The applicant customarily married one Christopher Chirume Tawengwa in 1992 and they had one child who is surviving. The said Christopher Chirume Tawengwa (hereinafter referred to as “Mr. Tawengwa” or “the deceased” interchangeably) died in March 2016 having been married to the applicant for 24 years. Parties herein are agreed that indeed applicant is the surviving spouse. More
Plaintiff has sued defendant for payment of the sum of $379 345.00 being the balance due and owing in respect of the cost of mining equipment sold and delivered to defendant by plaintiff. In the summons defendant was cited initially as Haygold Enterprises t/a Nzee Mining P/L and plaintiff as Roselt Mitchell Enterprises t/a Metal Components Manufacturers. More
The applicant is a qualified legal practitioner. She is with the Zimbabwe Lawyers for Human Rights. On 7 June, 2012 she was driving her Mazda 626 Familia motor vehicle registration number ABF 8666 en route to a business meeting. She was stopped by the police at a roadblock along Robert Mugabe Road near Rhodesville Police Station. The motor vehicle had no current licence disc as required in terms of the Vehicle Registration and Licensing Act, [Cap 13:14], (the Act) the previous licence having expired on 31 May, 2012. More
The judgement was prepared in 2017. It was not handed down. I extend my sincere apologies to the parties for the delay. This is an appeal against on arbitral award handed down by Honourable S. Mugumbi on the 3rd of December, 2015. The operative part of which reads as follows;
“I therefore accordingly, dismiss the claims in toto. All claims must fail.
This will be my award”
The material background facts are as follows;
The Appellants were all employed by the Respondent in various capacities. They were all engaged on the basis of open-ended contracts i.e. contracts without the limit... More
This is a two pronged chamber application for recusal. The first prong being the failure to follow normal allocation channels by the Judge President. The second prong is the proximity of the Plaintiff to the trial Judge in the main divorce trial. More
On 30 June 2021, the applicant’s legal practitioner made an application for removal of this matter from the roll. The basis was that the applicant was ill disposed. The respondent’s legal practitioner was not opposed to the application. It is trite that removal of a matter from the role is at the discretion of the court. I have noted over the years that often times matters are removed from the roll without any clear reasons or no reasons at all being endorsed on the file. It becomes difficult for a different judge upon whom the matter is then placed to... More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 26 August 2020 confirming the cancellation of the agreement of sale entered into between the first respondent and the late Benjamin Njiwah and ordering ejection of the appellant from the property described as Stand Number 3131 Dzivarasekwa Township, Harare (the property). More
This is an appeal against the whole judgment of the High Court handed down on 20 February 2019 which granted summary judgment in favour of the respondent for the eviction of the appellant, and all those claiming occupation through her, from stand no 3437 Highfield Township, Harare (“the property”) after dismissing the appellant’s application for condonation of the late filing of heads of arguments in opposition to the summary judgment application. More
The charges for which Appellant was found guilty and dismissed from Respondent’s employ were:
- Any act or conduct or omission inconsistent with express or implied conditions of the employee’s contract.
- Being dishonest in the performance of normal duties. More
The applicant is the registered owner of a Toyota Chasser motor vehicle registration number ABL 2611. It was registered in her name on 9 November 2009. The first respondent is the Minister of Home Affairs cited in his official capacity as the Minister responsible for the Zimbabwe Republic Police. More
