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
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
As background to the matter, parties submitted that after the 16/3/18 SC 357/16 order parties filed with the court a quantification application whose fate could not be sealed since all papers pertaining to same were lost when the Labour Court moved offices from Bristol house to the Rotten Row Labour Court building. In the instant application the applicant seeks 9 months back pay, 30 months damages, medical aid, pension and motor vehicle allowance. At the onset of the hearing the applicant dropped the medical aid claim and the motor vehicle allowance claim thus effectively leaving for determination the question of... More
The plaintiff issued summons seeking an order for divorce of their civil marriage contracted on 16 April 1993. He sought a decree of divorce and other ancillary issues. The defendant entered an appearance to defend and subsequent pleadings thereto. At pretrial conference stage the parties came up with a joint PTC minute. At trial the issues were narrowed down by consent of both the plaintiff and the defendant. The parties agreed that the marriage relationship between them had irretrievably broken down to such an extent that there are no reasonable prospects of restoration of a normal marriage relationship. More
The applicant seeks the grant of an order in the following terms:
“1. That on service of this order upon the second respondent, the said second respondent cause to be paid out of its account with the third respondent such a sum as will satisfy the judgment issued out of this Honourable Court in cases number HC 6220/13 and HC 10786/14.
2. That should the second respondent fail to pay the applicant as required in terms of paragraph 1, then the third respondent is restrained from paying to the second respondent any proceeds in an account No. 06109-01120051570077, Kwame Nkrumah... More
The plaintiff issued summons on 23 July 2007 claiming the following relief:
“(a) An order declaring that the only families entitled to the Mapanzure chieftainship are the following families:
1. Chimbuya
2. Magwirokona
3. Mavhengere
4. Bwangundoga
5. Mupandasekwa
6. Gwenhamo
7. Shumbayaonda; More
This is an appeal against both the conviction and sentence.
[2] The appellant and four others were convicted after a protracted trial on a charge of tampering with apparatus for the supply or generation of electricity as defined in s 60A of the Electricity Act [Chapter 13:19].
[3] The Regional Court sitting at Karoi having found no special circumstances, sentenced each to the mandatory minimum 10 years imprisonment. More
It is common cause that, The 1st Defendant sold her rights, title and interests in STAND No. 104 MAIN STREET, TSHOLOTSHO to Plaintiff sometime in 2003. In 2009 Plaintiff sold to the 2nd Defendant the said property for ZAR60 000.00 [Sixty Thousand Rand] and signed an Agreement of Sale with 2nd Defendant dated 23rd April 2009. The 2nd Defendant took vacant occupation of the said property on the strength of that Agreement of sale and is still in occupation of the premises. The 2nd Defendant only paid a deposit of ZAR30 000.00 (Thirty Thousand South Rand) leaving a balance of... More
