This is an appeal against the whole judgment of the High Court handed down on 6 March 2019, restraining the appellant and second respondent from executing a ruling made by the third respondent at a meeting of the creditors of the companies under the appellant’s judicial management, held on 13 February 2019. More
This is a court application to sell assets of companies under judicial management in terms of section 307 of the Companies Act [Chapter 24:03]. As I waded through the application, it became apparent that the application was brought in terms of s 307 of Companies Act after its repeal. Consequently, I dismissed the application and directed the applicant to pay first respondent’s costs. More
This is an application for a declaratur to the effect that the applicant’s customary marriage to the Late Wilfred Mandizvidza is valid for the purposes of the Administration of Estates Act [Chapter 6:01]. More
: The parties were married in terms of the Marriage Act [Cap 5:11] on 30 May 1998. The marriage was blessed with four minor children Melanie MunasheTangirai (born 18 February 1999), MalvinTinasheTangirai (born 24 January 2003), Cerise VongaisheTangirai (born 20 March 2004) and Denise Tangirai (born 2 March 2007). Following certain unhappy differences the parties separated in 2008. They have not lived together as husband and wife since that date. Upon separation the plaintiff remained with the custody of the three eldest children whilst defendant retained custody of the youngest child. On 4 January 2011 the plaintiff issued summons out... More
The appellant appeared before a Bindura magistrate facing a charge of contravening s 136 of the Criminal Law (Codification & Reform) Act [Cap9:23], that is fraud. The allegations are briefly that sometime in September 2008, the appellant fraudulently sold the complainant a grinding mill. That the appellant failed at the time of the sale, to disclose the fact that the grinding mill was built under a power line and on unapproved plans and that it had been condemned by Chaminuka Rural District Council. More
This is an appeal against the decision of MS MAGANI N.O handed down on 27 August 2019.
A brief background of the matter is pertinent.
Appellants were employed by the respondent. Following the purported termination of their employment contracts on retirement, they approached the Labour Officer. When conciliation failed, the matter was referred to arbitration. The arbitrator found in favour of the appellants. Respondent appealed to the Labour Court. This Court, in a judgment by CHIVIZHE J, dismissed the appeal and upheld the arbitrator‘s decision. This meant that respondent was supposed to pay to the appellants monies due to them... More
The applicant is a police officer stationed at ZRP Bulawayo Central Police Station but is currently in remand prison on allegations of kidnapping as defined in section 93 (1) of the Criminal Codification and Reform Act [Cap 9:23]. The applicant was denied bail by OMERJEE J on 19 May 2010. He now applies for bail on the basis of changed circumstances. More
This is an application for quantification of damages in lieu of reinstatement arising from the disposal order that was issued by this court on 8 March 2010. More
The plaintiff issued summons on 15 October 2021 for the sharing of movable property only, under general law on the basis that though he had an unregistered customary law union with the defendant, their lifestyle was more in accordance with general law. The movables he wanted allocated to the defendant included two chairs, a kitchen table, a 5 kg gas canister; a two plate gas stove, a DSTV decoder, curtains, blankets, a sewing machine and a three quarter mattress. To himself he wanted to be allocated 2 chairs, a 32 inch television, a solar panel, a solar battery, a 20... More
The applicant is in custody on charges of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Cap. 9:23] and extortion as defined in s 134 (1) (a) of the Act. The allegations against him are that on 27 August 2013 he accosted and confronted the complaint and her boyfriend as they werewalking home around 1930 hours.Impersonating the police the accused arrested them on trumped up charges of loitering in a public place for purposes of prostitution. He then relieved the complainants of theircell phones a NokiaAsha 201and Samsung J700. More
This is an appeal against a determination by the Minister for Labour and Social Services of 19 December 2013, in which he approved a proposed retrenchment package for the appellant More
The plaintiff seeks to recover from the two defendants, jointly or severally, the sum of US$50 000 being damages for malicious prosecution. He claims that the defendants maliciously set in motion a process that led to his arrest on allegations of fraud and his subsequent prosecution in the magistrates Court. He alleges in his declaration that the first defendant made the report of fraud against him to the police while fully knowing that there was no probable cause for doing so nor did he entertain any reasonable belief in the truthfulness of the information which he supplied to the police. More
The dispute between the parties arose from the first respondent’s failure to settle his indebtedness to the appellant. On 15 October 2018, the first respondent signed an acknowledgment of debt acknowledging his indebtedness to the appellant in the sum of US$26 100.00. The acknowledgment of debt stated that the debt was due for payment and that in the event of legal proceedings being instituted, the first respondent would pay the costs of suit on a legal practitioner and client scale. The first respondent did not pay the debt. The appellant issued summons in case number HC 10118/18 for the payment... More
On 12 October 2022, the applicant filed this urgent chamber application for stay of execution pending rescission of a default judgment. The relief sought is set forth in the draft provisional order as follows:
“TERMS OF THE FINAL ORDER 1. That the application for stay of execution pending appeal be and hereby granted.
2. Execution of the Court order granted on the 21st of September 2022 be and hereby stayed/postponed pending the hearing of HC 6852/22.
3. That the costs of this application shall be borne by the 1st - 4th respondents if they oppose this application.
INTERIM RELIEF GRANTED... More
On 30 September 2022 the applicant entered into a joint venture and partnership agreement with the respondent. The purpose of the partnership was to conduct mining operations on certain mining gold claims being registration numbers 46081-09 and 46814. The applicant contends that the partnership agreement had been terminated by mutual consent. The termination was caused by the fact that the mining venture proved unviable and unprofitable. The dispute turns on the contention by the applicant that it is being refused to remove its equipment from the mining claims. More
