This matter was heard on 24 March 2011. On 31 March 2011 this court issued an order in the following terms:
“IT IS DECLARED THAT:
1. The applicant is a citizen of Zimbabwe by birth in terms of section 5 of the Constitution of Zimbabwe.
2. The provisions of section 9(7) of the Citizenship of Zimbabwe Act, Chapter 4:01 insofar as it relates to citizenship by birth, are ultra vires the powers the powers vested in the Parliament of Zimbabwe in terms of section 9 of the Constitution of Zimbabwe and are in consequence of no force and effect. More
This is an application for condonation to enable the applicant to file its appeal against the decision of the labour officer out of time.
The respondent raised a preliminary point and argued that the new Amendment Act No. 5/2015 does not allow for the procedure adopted by the applicant. The new provisions do not provide for an appeal against the decision of a labour officer nor for an application to the Labour Court. It was argued that the Labour Court is a creature of statute and cannot do anything outside the four corners of the parent Act. The Labour Act... More
In considering this matter of insurance, I kept reminding myself of the words of R.H Christie, in Business law in Zimbabwe, (Juta and company Limited, 1998, 2016 edition at page 221), as follows,
“ The object of insurance is to protect people from financial disaster. They buy this protection by the payment of a moderate price in exchange for a promise to pay an agreed amount if or when the disaster occurs. The seller of this protection is known as the insurer, the buyer the insured (or assured in life insurance), the price is known as the premium and the... More
This is an appeal against the decision of National Employment Council Appeals Committee that was issued on the 20 February 2014. The National Employment Committee ruled in the respondent’s favour and ordered as follows;
“1. That the charge of Part C (23) is hereby set aside and substituted with Part A (4) which is for “Negligent performance of duties with minor consequences” and which warrants a verbal warning on first breach
2. Reinstatement is to be effected from the date of the National Employment Council’s determination and it is without back pay.
3. Alternatively, the employer can pay damages in... More
The facts of the case are as follows:
The appellant is in the business of providing security (guards). On or about the 22nd of May 2012 one of the appellant’s clients raised an alarm. This meant that something was wrong. The respondent was on duty. He was party to a team that went tocheck the premises in question. Two other people who included a driver were the other members of that team. Upon arrival at the scene it was observed that the main gate or entrance to the premises was locked. However, the screen door to the building-which door is... More
This is an appeal against a decision of the Negotiating Committee handed down on the 3rd October, 2011 by which the Appellant was ordered to reinstate he Respondent without loss of salary and benefits from the date of dismissal. More
The plaintiff claims from the defendant payment of the sum of US$1 517 465-00, reduced to US$1 461 000-00 by an amendment to the summons and declaration, and finally to US$1 014 483-00 at trial. The claim is for damages for breach of contract. The nature of such damages is not finely pleaded. They are supposed to be consequential or anticipatory damages flowing from the alleged breach. More
Defendant raised a special plea against plaintiff`s claim for an amount of US$274,768 as damages for alleged breach of contract. Both parties are economic players in the agricultural sector. Sometime in November 2022, plaintiff (“Seedco”) and defendant (“Mr Falkenberg”) concluded a soya bean crop financing and production contract. More
The applicant is facing a charge of possession of a specially protected animal species. It is alleged that on 5 January 2021 and at around 1100 hours the applicant who was in the company of four other accused persons who are still at large were driving a Toyota Corolla vehicle Registration Number ACW 2580 silver in colour and they parked it along Harare-Mutare Highway at Hwedza turn off, Rusape. They were intercepted by police detectives and they were found in possession of two live pangolins. The pangolins were placed on the back seat covered with a white sack. The applicant... More
This is an application for leave to appeal to the Supreme Court against my judgment of 18 March 2016 in which I dismissed an application for condonation of late filing of an appeal.
The 189 applicants are former employees of the respondent who were each employed at different times in various capacities. They were retrenched on 30 June 2010 following each applicant signing a retrenchment agreement. Such agreements were duly approved by the Retrenchment Board on 12 July 2010 and each applicant was paid their dues. More
It is not clear who is alleged to have violated the afore-quoted provisions. Was
it the respondent? Further it is not clear how the provisions were allegedly violated. This raised questions about the validity of the Notice of Appeal. The notice is required to have cognizable grounds of appeal. The notice in casu is very vague to say the least. Such notice should not leave the Court to speculate on what it is that the appellant requires to be determined by the Court. It is the duty of the appellant to set out clear, concise and cognizable grounds of appeal.... More
This is an appeal in which the respondent has raised a point in limine. In submissions on behalf of the respondent the point was raised that the appeal is not properly before this Court. This was submitted in view of the initial citation of one of the parties. The respondent submitted that the “Ministry of Home Affairs” is not a competent party because it is not a legal persona. (See Gariya Safaris (Pvt) Ltd v Van Wyke 1996(2) ZLR 246(H).I agree with that submission and the authorities cited. More
The applicant is facing allegations of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The brief allegations being that on 26 March 2021 at Mahachi Village, Chief Musikavanhu Chipinge the accused together with an accomplice her son assaulted the deceased several times on the head and all over the body using an iron bar. The accused persons assaulted the deceased who was selling curtains till he died. The accused suspected that the deceased had stolen their blankets hence they perpetrated the assault on him. The accused then pulled the body of the... More
This is an urgent chamber application for an interdict to, among other things, stop the respondents from using any information or material relating to the applicant’s affairs or business or method of carrying out business or advertisements including referring to any work done by the applicant. More
MHURI J: This is an application for a declaratur and interdict in which the applicant seeks the following, that:
1. the agreement of sale between 1st and 2nd respondent in respect of Stand No. 6688 Rusununguko, Chinhoyi entered into on the 30th June 2020 be declared null and void.
2. the oral agreement of sale in respect of Stand No. 6688, Rusununguko, Chinhoyi between the applicant and 1st respondent be declared valid and binding.
3. first respondent be ordered to sign all the necessary papers and documents for the purposes of effecting cession of Stand No. 6688, Rusununguko, Chinhoyi from... More
