Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
This is an appeal against the decision of the National employment Council for the Engineering and Iron and Steel Industry where it ordered that the Respondent employee be reinstated by the Appellant employee without any loss of salary or benefits from the date of his suspension or alternatively that he be paid damages in place of the reinstatement. More

The appellant is a limited liability company registered and incorporated in terms of the laws of the Republic of Panama. It has its head office or principal place of business in Switzerland. The first respondent was one of the directors of Myramar Farming (Pvt) Ltd (Myramar), a limited liability company, registered in terms of the laws of Zimbabwe. On 3 April and 31 July 2012, the appellant extended loans to Myramar in the sums of US$ 845.000.00 and US$ 400.000.00 respectively. As security for these loans, the first respondent, together with six others, bound themselves as sureties and co-principal debtors... More

The applicant approached this court by way of a court application seeking the following relief: Whereupon after reading documents filed of record and hearing counsel, It is hereby ordered that: 1. The Respondent and all those in possession or control of the attached Motor vehicle, Toyota Hilux, number ACC 9515 through respondent be and are hereby barred from being heard before any court of law in Zimbabwe until such time as they will have purged their contempt of the attachment subject of the writ of execution of the order of the High Court of Zimbabwe, at Harare, in case No.... More

This is a court application filed on 10 February 2017 in which applicant is seeking an order to this effect:- (a)that first respondent signs all relevant cession papers for stand 13371Nyatsime Low Density Chitungwiza within 7 days of being served with this court’s Order and pass cession to applicant upon payment by applicant of all the requisite cession fees. (b) that the Deputy Sheriff be authorized to sign all relevant papers for and on behalf of first respondent and submit them to second respondent who is ordered to accept the papers and pass cession to applicant upon payment to second... More

The accused was convicted on his own plea of guilty on a charge of theft as defined in s 113 0f the Criminal Law (Codification and Reform) Act [Cap 9:23] He was sentenced to 36 months imprisonment of which 6 months imprisonment was suspended on appropriate conditions of good behaviour. Of the remaining 30 months imprisonment 6 months were suspended on condition of restitution to the complainant in the sum of US$265.00. He now applies for bail pending appeal against sentence only. More

This is an appeal against the decision of the respondent employer’s disciplinary authority which found appellant guilty of misconduct at work and dismissed him from employment. More

The appellant, a female adult, and the first respondent, a male adult, entered into an unregistered customary union in August 2015 and were delighted to commence living together as husband and wife about October 2015. During the subsistence of their customary union, they acquired both movable and immovable property including house number 2 Glynde Avenue, Mabelreign Harare which is solely registered in the name of the appellant. The mortgage finance sourced to acquire the house was secured in the appellant’s name and in her account. The first respondent however alleges, with significant assertiveness, that he also directly contributed to the... More

In the court below, the respondent being the plaintiff, (herein referred to as the Trust), issued summons seeking there lease by the defendant, the appellant herein,of 66 x 75 mm gate valves; 9 x 75mm fire hydrants and 2x160 mm gate valves. These were said to have been received by the appellant on behalf of the Trust for onward delivery to Mutare. Alternatively, the Trust had sought as payment of damages,thesum ofUS$7174.00 orits RTGS equivalent,together with interest at the prescribed rate as well as legal costs on a higher scale.In the appellant’s plea to the claim,he had stated that the... More

This is an appeal against the sentence of death imposed by the High Court on 2 February 2015 following the conviction of the appellant on a charge of murder. More

At the commencement of the proceedings the court invited Mr Bhebhe, appearing for the respondent, to address it on why the Notice of Response was not filed timeously in compliance with the Labour Court Rules. Mr Bhebhe submitted that the respondent advised that it had not had sight of the Form LC2 as the person who had received the document had not retained a copy. Mr Bhebhe further submitted that the respondent was only jolted into action when Heads of Argument were served on it on 7 May 2014. It was argued on behalf of the respondent that though this... More

Applicant was employed by the respondent in its ICT Division. Following allegations of misconduct, applicant appeared before a disciplinary committee which found him guilty of one court but not guilty on the other charge. The disciplinary committee recommended his dismissal. The matter ended up in arbitration before Honourable Dangwa. The arbitrator found that applicant had not been unfairly dismissed. Applicant has approached this Court on review. More

In this opposed application the applicant seeks the following relief. “1. The cession of the late Glamous Elliot rights and interest in stand number 3710 Dulibadzumu Township, Beitbridge by the first respondent and approved be the 2nd respondent be and is hereby cancelled. 2. The 2nd respondents to include 3710 Dulibadzimu to the estate of the late Glamous Elliot 3. The respondents to pay costs on attorney client sale.” More

: This matter came before me as an urgent chamber application which the applicant instituted against the first and the second respondents. The applicant is the former husband of the first respondent. The two were married in terms of Customary Law in 1976 and, in 1983, the parties solemnised their marriage in terms of the Marriage Act, [Cap 37] (now 5:11). More

On 3rd April, 2013 the Honourable D. Mudzengi made an arbitration award. He ruled against Appellant’s claim of unfair dismissal from employment by Respondent. Appellant then appealed to this Court against the award. I will deal with the material points raised in the appeal seriatim. More

SAMSON MAGORA AND ELISON MABIKA AND AND EMERESS MHARE AND DAVID ZIHWA AND VERSUS RUNDE RURAL DISTRICT COUNCIL AND ZVISHAVANE TOWN COUNCIL AND CHIEF MASUNDA AND THE DISTRICT ADMINISTRATOR ZVISHAVANE AND MINISTER OF LOCAL GOVERNMENT, PUBLIC WORKS AND NATIONAL HOUSING AND MINISTER OF LANDS, AGRICULTURE, WATER CLIMATE AND RURAL RESETTLMENT EUNICE ROVI AND KENEDY ZINHATA AND SHARON GONDO AND MEMORY DZIVA AND WEZA AKIKA AND FUTURE SIBANDA AND GEORGE GANIZANI AND ABIGAIL KOKE AND SIBONGILE SIBANDA AND SHARON KOKE AND NDHLERA PATRICIA JEVAS NYONI AND PROSPER CHAKAVANDA AND FRANCES MAKORE AND ELIZABETH SIZIBA AND LINET MASHANDURE AND NOREST MUTARANI AND FORWARD BOTARAWA AND DOLANI MSIMANGA AND GEORGE GWERENA AND SEKAI MATSA AND MANVEL CHAZETI AND ANAR MATUVHE AND JAMESON MABIKA AND LENA MALUNGA AND FANI PHIRI AND THANDIWE SHAVA AND TENDAI MADZIVA AND CONSTANTINE MAKAMURE AND LAMECK PHIRI AND M (2022-11-02)
The plaintiffs are all residents of Mudereri Village under Chief Masunda in the Zvishavane Communal area. By virtue of its proximity to Zvishavane Town, the village is fast transforming into a peri-urban residential settlement under the jurisdiction of the Zvishavane Town Council, the second defendant herein. A dispute has however arisen between the plaintiffs and the defendants following what the plaintiffs consider to be the forced annexure of their land by the fifth defendant and incorporating it into the area under the second defendant’s jurisdiction. As a result of that dispute, the plaintiffs’ caused summons to be issued out of... More