This is an action for divorce and ancillary relief. The parties are married in terms of the marriage Act, [Chapter 5:11] (Now the Marriage, Act [Chapter 5:17], which marriage was solemnised on 19 January 2007. Not only are the parties resigned to the fact that their marriage has irretrievably broken down and therefore should be dissolved, but they also agree on the distribution of the bulk of their assets as between them. They however remain poles apart on two outstanding issues namely:
a) The custody of their child Kudzaishe Magande (born on 9 August 2010) who, of their three children,... More
This is an appeal against an arbitral award made in favour of the respondents.
The three respondents were employed by the appellant in different capacities on fixed term contracts of one month at a time. The contracts were continuously renewed to the extent that the first respondent worked for appellant for a period of 7 years 6 months, the second respondent worked for 1 year 3 months and the third respondent worked for 1 year 7 months. On
30 September 2010 the three respondents were advised by the appellant orally after work not to report for duty the following day... More
The brief history of this matter is that the respondents were employed by the appellant. It is alleged that the respondents made a report at Mega Park and when an audit report was carried out the report was found to be false. They were suspended from duty on 4 November 2010 on allegations of making a false report. A disciplinary hearing was conducted and the respondents were dismissed from work. More
The plaintiff is a company duly registered in terms of the Companies Act Chapter 24:03 and carrying on business at 3rd Floor Mership House, J.M. Nkomo Street/9th Avenue, Bulawayo. The defendant is a body corporate with perpetual succession capable of suing and of being sued in its corporate name, performing all acts that a body corporate may by law perform. More
The applicant has approached this court for an order in the following terms:-
1. It is declared that the lease agreement between the applicant and respondent dated 16 April 2007 in respect of 5 Martin Drive Msasa does not confer upon respondent any option to renew the lease.
2. The respondent shall pay the costs of this application in the event of it being opposed by the respondent More
This is a doubled barreled application for condonation for the late filing of an application for rescission of judgment as well as the actual application for rescission of the default judgment in question. Inevitably, the outcome of the first determines whether the second will proceed or not. Both applications are opposed. I dismissed bothex-tempore and these are the reasons following the request by the applicants. The application is best appreciated within the context of its brief factual background. The summarized narrative is that applicants, a duly incorporated Company, in the fuel business entered into a fuel deal with the respondent.... More
This is an application for a spoliation order. The bare bones of the matter are these:
The first respondent owed the applicant US$149 000-00. That debt has since ballooned to US$200 000-00. On 31 January, 2012 the applicant and first respondent concluded a compromise agreement in an endeavour to restructure the debt. The salient terms of the agreement were that effective 1 February, 2012, the applicant would assume the management of the retail fore court of the service station at stand 96A Norton Road, Norton which is under lease by the first respondent; the applicant would pay the first respondent... More
The record shows that on 29 March 2010 the plaintiff obtained a default judgment in terms of the above claim. The default order was, however, rescinded on 2 June 2010.
The defendant also has a claim in reconvention. More
The applicant and the respondent entered into two agreements of licensing in September 2018 and March 2019. These agreements relate to two service stations situated in Avondale and Westgate Mall, Harare. The agreements are to the effect that the applicant is obliged to deliver fuels, oils and other petroleum products to the respondent at the two service stations. This is exclusive in the sense that the respondent at the two service stations in terms of the agreements is restrained from receiving any products to sell from competitors. The service stations have been branded with the PUMA logo. In breach of... More
Following the dismissal of its postponement application the appellant was granted leave by the court to address it on the bar operating against it vis filing of heads of argument. After oral submissions on that aspect the court advised the parties that they will hear of the court decision from the clerk of court. More
The appellant is a duly incorporated company in terms of the laws of Zimbabwe. It is a subsidiary of Metallon Corporation Limited, a mining house incorporated in the United Kingdom. The mining house runsfour mining companies in Zimbabwe namely Goldfields of Shamva (Private) Limited, Goldfields of Mazowe (Private) Limited, How Mine and the appellant. These four entities are run independently with separate finances, employees and assets. More
This is an appeal against the whole judgment of the Magistrates Court of Zimbabwe sitting at Concession under case number C 57/21 handed down on 21 December 2021.The appellants are husband and wife. In the court a quo the appellants filed an application for interdict seeking that the first to the fourth respondents be interdicted from interfering with their farming activities in Kakora village. The basis of the application being that the first appellant was the only child born of his parents. He was gifted with land approximately one hectare in extent by his late father Hensen Kapuya and he... More
After hearing submissions from counsel, this Court made the following order:-
“(1) The appeal against conviction and sentence succeeds.
(2) The conviction and sentence are both set aside.
(3) The appellant is to be released from custody with immediate effect.
(4) For the avoidance of doubt, the decision whether or not to prosecute the appellant afresh is left to the discretion of the National Prosecuting Authority.
(5) The reasons for this order are to follow in due course.” More
The appellant employed the respondent as a general hand for 43 years until he retired in 2013.
While he was employed, both the employer and the employee contributed towards a pension fund in behalf of the respondent with Old Mutual.
Following his retirement, he was duly paid his pension benefits by Old Mutual in terms of the fund that he had contributed to. More
This matter came before me as an opposed application for summary judgment. On 16 March 2017 which was the date on which it was set down for argument this Court granted the following order:
“IT IS ORDERED THAT:
1. Summary judgment be and is hereby entered in favour of the applicant against the respondent in Case No. HC 9311/16 as follows:
(a) For an order for the ejectment of the respondent and all persons claiming occupation through it from the applicant’s immovable property at No. 20 Findowrie Drive, Greendale, Harare; and
(b) For payment of the costs of this application.... More
