: This is a court application for review made in terms of s 26 of the High Court Act, [Chapter 7:06] as read with Order 33 of the high Court Rules. 1971. The grounds for review are given as follows:
1. “The learned magistrate grossly erred at law and in fact in concluding that the default was wilful when the applicant was in court just after the default was passed. That the applicant saw that first respondent still at court.
2. The learned magistrate grossly erred in failing to treat this matter with fairness and the applicant was in wilful... More
This is an appeal against the decision by Respondent’s Group Chief Executive confirming the dismissal of Appellant from employment. The brief facts are that Appellant was at the time of the dismissal employed by the Respondent as an export Manager but assigned to Respondent’s subsidiary in Malawi as its Managing Director. Appellant was charged and found guilty More
The parties married on 13 December 1992 in terms of the Marriage Act [Cap 5:11]. Two children were born of the marriage, Diana Musonza (born 24 March 1993) and Tafadzwa Musonza (born 24 January 2000). The parties resided at number 3 Dunmore Avenue Queensdale. The marriage was an unhappy one filled with physical and emotional abuse. The plaintiff left home on numerous occasions but always returned in the hope that the marriage would work. In October 2006 however things came to a head and plaintiff decided that she had had enough. The plaintiff moved out of the matrimonial home and... More
2. The dispute in this matter revolves around the question of the right to rule the Chimombe clan. The wrangle highlights the issue which has been vexing the court a quo for some time. Various decisions have emanated from the High Court on whether or not they have the jurisdiction to determine matters relating to chieftainship disputes.
3. The appellant was appointed as Chief Chimombe in terms of the Traditional Leaders Act [Chapter 29:17]. The date of his appointment is not apparent from the papers. He is currently the substantive Chief Chimombe. In 2010, following the appellant’s appointment as Chief,... More
On 27 July 2013, and at around 1730, the appellant was driving a Toyota Corolla along Samora Machel Road due east. The now deceased was cycling also due east between the yellow carriage marking and the verge of the road. The appellant hit the deceased with her vehicle. More
This is an appeal against an arbitrator’s decision where he dismissed the appellant’s claim for constructive dismissal by the respondent company.
Facts of the case are that the appellant who was in the respondent’s employ as a key accounts manager resigned from employment after he had been transferred by the respondent to work at one of its subsidiaries. It was the appellant’s view that the transfer was a demotion and instead of reporting to the new station he resigned in protest to the transfer. After the resignation, he approached the arbitrator with a claim of constructive dismissal and payment of... More
This is an application for review of the Master’s decision regarding the resolution a dispute using s 68G of the Administration of Estates Act [Chapter 6:01] which deals with whether customary law should apply to a deceased person’s estate. Having decided that customary law should apply, the essence of the Master’s decision, (cited as the first respondent in this matter), was to reduce the applicant’s civil marriage to a customary one in accordance with s 68(4) of the Administration of Estates. This was on the basis that at the time the civil marriage was contracted, the now deceased was married... More
This is an appeal against an arbitral award granted on 19 December 2014, in terms of which the appellant was ordered to pay the respondent an acting allowance in the total amount of US$3 647-78.
The factual background to the matter is common cause. The respondent is employed by the appellant as a clerk/typist. That is his substantive post. He worked as a Committee Clerk, in an acting capacity, from October 2010 to June 2012. He was further assigned to act as Private Secretary to the Director of Finance, from July 2012 to July 2014.
For the extra responsibilities, he... More
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
