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 The default order was, however, rescinded on 2 June 2010.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
The applicant herein brought an application seeking a vindicatory order against the respondents for restoration of possession of a piece of land situate in the District of Salisbury called Lot 211 Block C of Hatfield Estate measuring 3,6002 hectares which is also known as No. 32 Winston Road South, Hatcliffe, Harare (“the property”). The applicant is the registered owner of the property under Deed of Transfer No.2721/2010. More
The appellant employed the respondent as an accounting assistant in 2008.
Appellant outlined the facts of the matter as follows;
Due to continuous ill health the respondent went on sick leave in May, 2013 up to October 2013 for a period of 180 days.
In November 2013 after the 180 sick leave period, the respondent reported for work but it was apparently very clear to all concerned that the respondent was still very ill and unfit for duty. It was agreed that the respondent should go on unpaid leave while recovering. More
It is alleged that the accused, a decorated member of the police force, in the company of more than nine other police officers responded to a report that had been made one, Steven Chidhumo, that the now deceased had threatened him with a spear. From the facts it is common cause that the police’s main mission on the day in question was not solely to investigate the said report but to make a follow up on several others as they had no station vehicle. In that respect, they capitalised on the availability of a vehicle on the day in question.The... More
This is a court application in which applicant seeks an order in the following terms:
“IT IS HEREBY ORDERED THAT:
1. The arbitral award by the Honourable Mutangadura dated 20 September 2018 did not delve into agreed terms of reference and consequently was not a final award.
2. Applicant be and is hereby entitled to refer the dispute to another arbitrator for resolution.
3. Each party to bear its own costs.” More
Appellant’s grounds of appeal were that:-
- the Arbitrator deviated from the terms of reference
- the Arbitrator awarded arbitration costs were supposed to have been determined by the conciliation body
- the award is biased towards the employee
- points of law were being violated therefore award was misdirected More
