On 5 July 2016, upon considering the record of proceedings, heads of argument and hearing oral submissions we upheld the appeal and made the following order:
“It is ordered that:
1. The appeal be and is hereby upheld.
2. The decision of the court a quo is set aside and substituted as follows:
(i) the respondent and all those claiming occupation through the respondent be and are hereby ordered to vacate from No. TT 2455 Madamombe Business Center Seke, Goromonzi within (21) days of the granting of this order.
(ii) the respondent shall pay the appellant’s costs.” More
The applicant was arraigned before a Regional Magistrate’s Court sitting at Bulawayo facing a charge of contravening section 65 of the Criminal Law Codification and Reform Act Chapter 9:23. He was convicted and sentenced to 15 years imprisonment of which 3 years were wholly suspended for 5 years on condition accused does not within that period commit any offence of a sexual nature. The State alleged that on a date unknown to the prosecutor but during the period extending from 2019 to 2020, and at house number 729 Jacaranda, Gwanda, the accused person had sexual intercourse with Precious Mpunzi, a... More
On 24 November 2010 I issued a Provisional Order under Case No HC 8153/10 in favour of the first, second and third respondents herein. The applicant, the fourth and fifth respondents and one Wonder Killian Jakalasi were the respondents therein. The applicant intends to note an appeal against the order granted and has approached me for leave to note the appeal. The respondents filed papers wherein they opposed the grant of leave sought and I therefore directed that the parties file heads of argument for my assistance. More
This is an appeal against the decision of the Appeals officer who upheld the decision of the Hearing Officer to dismiss the appellant from employment.
The brief facts of the matter are that appellant was employed by the Respondent as a Section Manager. He was charged for contravening section 4 (a) of the Labour (National Employment Code of Conduct) Regulations SI 15 of 2006. It was alleged that he swiped customers’ groceries using his own bank card and pocketed cash in United States Dollars that the customers would have brought to the Supermarket intending to pay for their purchases. By... More
CHITAKUNYE AJA: This is an opposed chamber application for condonation of non-compliance with the Supreme Court Rules, 2018 and for extension of time within which to appeal. Though at the outset the applicant did not state the rule that was not complied with and the rule under which this application is brought, it is apparent from the founding papers that the rule not complied with is r 38(1)(a) and the application is in terms of r 43(1) of the aforesaid rules. The intended appeal is against a judgment of the High Court handed down on 29 October 2020 upholding special... More
The three Defendants filed a special plea seeking dismissal of the Plaintiff’s claim. The Plaintiff issued summons seeking the following relief from the court:
1. An order declaring the agreement of sale between the Plaintiff and First Defendant to be valid and still operational.
2. An order declaring the agreement of sale that was entered into between the First, Second and Third Defendants to be null and void.
3. An order nullifying the transfer of title of land into the Third Defendant’s name.
4. Costs of suit. More
In this application the applicant prays for the following order:-
“IT IS ORDERED against both respondents jointly and severally the one paying and the other to be absolved:
1. That respondents forthwith deliver to applicant 913 253 shares in OK Zimbabwe Limited 370 356 in Pelhams Limited and 46 025 in Old Mutual PLC;
2. Costs of the Court Application”. More
MAKARAU JA: On 19 September 2018, the High Court sitting at Hararedismissed with costs on a legal practitioner and client scale, an application by the appellant for leave to sue the respondent, a banking corporation in liquidation.This is an appeal against that order.
Background
The dispute between the parties arises from a loan transaction.In 2011, the appellant borrowed the sum of US$3 875 000.00 from the respondent. By 2012, the loan had ballooned to US$5 789 262.00 resulting in the parties concluding a written agreement to restructure the loan. Thereafter the appellant made certain payments towards the restructured loan.
In... More
The Respondent was employed by the Appellant as an Electrical Assistant. On 15th of October, 2009 he attained the age of 60 years. In accordance with appellant’s retirement policy the Respondent was advised of his retirement with effect from the 31st of December, 2009.
The Respondent however challenged the decision to retire him and lodged instead a claim for unfair dismissal. Upon failure to conciliate by the Labour Officer the matter was referred for compulsory arbitration. The terms of reference were for the Arbitrator to determine whether or not the Appellant had been unlawfully dismissed from employment. More
Darwendale 1730 DI Edition 2, held at the office of the Surveyor-General, Harare. The land being Darwendale North Farm bounded on the North by Abercorn on the east by Greenside ranch, on the south and south west by Darwendale A and Darwendale South and on the north-west by Maryland. A 10 kilometre radius from and around 3 referenced points is inclusive with grid points 389, 559, 395, 528, 434, 483, 369, 398, 408, 399, 364, 371, 368, 365 and more clearly indicated by a plan which may be inspected free of charge at the office of the Secretary of Defence,... More
This is an application for rescission of judgment.
On the 11 March 2014 the hearing of an application for interim relief was set down for hearing at 0900 hours before Musariri J. Both parties had been duly advised of the date of set down and proof of service was on file. Applicant was in default and the application for interim relief was dismissed for want of prosecution. It is that order that is sought to be rescinded through this application. More
This is an appeal against an arbitral decision by arbitrator Honourable Chenyika made on 27 May 2024 where he ruled that: -
(i) “Claimants be immediately reinstated to their position as plant operators.
(ii) Claimants as plant operators be placed back onto the grade 11 scale of the NEC Mining Industry Job evaluation system without loss of salary and benefits with effect from 01 July 2020.
(iii) The parties, claimants as represented by ZDAMWU and the respondent are to meet within 14 days of receiving this award, to quantify the financial prejudice suffered by claimants as a result of implementation... More
The applicant approached the court through the urgent book on 01 February 2013. The Judge court directed that the matter be set down for hearing on 04 February 2013, on which date the respondent’s legal practitioner Mr Samukange successfully applied for postponement of the matter to 06 February 2013 to enable him to take full instructions from his clients one of who was said to be out of the country. On 06 February 2013 the respondents filed opposition to the application. The applicant in that application sought an interim relief that;- More
This is an appeal against the whole judgment of the High Court, which dismissed the appellant’s application for setting aside an arbitral award made by the second respondent. More
The applicant seeks an order setting aside an award rendered by the second respondent. The arbitral award was rendered following a dispute arising from the implementation of an agreement for the sale of shares between applicant and first respondent. Second respondent was the appointed arbitrator. Applicant and the first respondent are both mining entities of high repute. The application was made in terms of Article 34 (2)(ii) of the Model Law to the Arbitration Act. The arbitral award is impugned on the basis that it offends the public policy of Zimbabwe. More
