1. This is an application for my recusal. The brief facts of this matter are that an application for rescission of judgment was placed before me and it was set down for the 18 October 2022. On the 17 October 2022, Muvingi & Mugadza Legal Practitioners (respondent’s legal practitioners) addressed a letter to the Registrar of this court ostensibly indicating that I ought to recuse myself from the hearing of the application for rescission of judgment. More
This is an application for rescission of a judgment granted under case number HC 13281/12, brought in terms of Order 9, Rule 63 of the High Court Rules 1971. At the hearing of the matter, I dismissed the application with costs and indicated that my reasons for so doing would follow. These are the reasons: More
This is an application for quantification of damages awarded to the applicant. Applicant had been dismissed from employment on 11 April 2014 following a disciplinary hearing on misconduct. After the dismissal applicant appealed to the Appeals Officer and the appeal was dismissed. Applicant further appealed to the National Employment Council for the Chemicals and Fertilizers Manufacturing Industry (NEC). The NEC Appeals Committee upheld the appeal and ordered respondent to reinstate applicant without loss of wages and benefits from the date of dismissal. In the alternative parties were to negotiate damages in lieu of reinstatement. In the event of failure to... More
: The application before the courts for Bail pending Trial. The brief history of the matter of necessity has to be highlighted. The applicants were indicated for trial before this court and their trial was set to commence on 30 July 2012 under case HC 115/2012. On 30 July 2012 the trial did not kick off as the applicants and the state had sought to discuss a statement of agreed facts on a possible plea of culpable homicide. On 01 August 2012 the state withdraw charges in respect of the applicant’s co accused. Relying on a statement of agreed facts... More
This is an opposed application wherein the applicant seeks the following relief:
“IT IS ORDERED THAT:
1. The respondent and all those claiming occupation through her shall vacate stand number 3414 Mainway Meadows, Waterfalls, Harare within (7) days of this order, failing which the Deputy Sheriff is authorised and directed to evict the respondent and all those claiming occupation through him (sic).
2. The respondent shall pay for the costs of this application on a higher scale of legal practitioner and client scale”. More
On 25 March 2020 respondent approached the Magistrate court with an ex parte application for a peace order and interdict. In his founding affidavit applicant contended that he was authorised to stay at Fairhelme Farm known as Sendekera Farm by the then Resident Minister for Manicaland Mandiitawepi Chimene after paying US$25 000. The respondent had been trying to forcefully evict him. In 2017 appellant instituted proceedings under case No. 2225/17 as well as HC 691/18 and HC 164/18 but later on withdrew the summons. The government had indicated that both Mandiitawepi Chimene and a company formed by her had no... More
This is an appeal against a decision of the lower court dismissing an appeal against an order by the Community Court. The appeal before the lower court was in terms of s 24 (1) of the Customary Law and Local Courts Act [Chapter 7:05]. More
This matter came before me via the chamber book. The application was filed on 13 June, 2011 and was scheduled to be heard on the 16th of June, 2011. Because the opposing papers were filed and served upon the first respondent a few minutes before the scheduled hearing, the applicant requested that the hearing be postponed to either 20 or 21 June, 2011 to enable her to file an answering affidavit. But since the applicant’s immovable property was set to be auctioned at 10 a.m. on 17 June, 2011 I directed that the hearing be postponed to 9 a.m. on... More
This is an appeal against the judgment of the High Court of Zimbabwe (‘court a quo’) dated 15 June 2023 in which it dismissed an application for a final interdict sought by the appellant against the respondents. The first respondent, which had an obvious interest in the matter, vigorously opposed the application while the second and the third respondents chose to abide by the decision of the court. More
This is an application for leave to execute the judgment of this court in Rose Natalie Heuer v Lugania Investments (Pvt) Ltd and Others HB 84-20 handed down by MABHIKWA J on 21st May 2020 pending an appeal noted with the Supreme Court.
The applicant contends that the appeal noted by 1st respondent was filed without the bona fide intention of testing the correctness of the judgment but was noted for the sole purpose of buying time to enable 1st respondent to continue having its mining equipment at the applicant’s mining claims at Empress Mine in defiance of an extant... More
The long and short of the plaintiff’s evidence on the breakdown of the marriage was that the defendant was physically and verbally violent towards her and the children of the marriage, was unfaithful to her and in the process sired a child with another woman during the subsistence of the marriage and in addition, drunk alcohol in excess. She laid the blame for the failure and breakdown of the marriage on the defendant.
In her detailed testimony, it emerged that in 1970 she fell pregnant and abandoned training as a nurse at Mpilo Hospital, Bulawayo while in the second year... More
The applicant customarily married one Christopher Chirume Tawengwa in 1992 and they had one child who is surviving. The said Christopher Chirume Tawengwa (hereinafter referred to as “Mr. Tawengwa” or “the deceased” interchangeably) died in March 2016 having been married to the applicant for 24 years. Parties herein are agreed that indeed applicant is the surviving spouse. More
Plaintiff has sued defendant for payment of the sum of $379 345.00 being the balance due and owing in respect of the cost of mining equipment sold and delivered to defendant by plaintiff. In the summons defendant was cited initially as Haygold Enterprises t/a Nzee Mining P/L and plaintiff as Roselt Mitchell Enterprises t/a Metal Components Manufacturers. More
The applicant is a qualified legal practitioner. She is with the Zimbabwe Lawyers for Human Rights. On 7 June, 2012 she was driving her Mazda 626 Familia motor vehicle registration number ABF 8666 en route to a business meeting. She was stopped by the police at a roadblock along Robert Mugabe Road near Rhodesville Police Station. The motor vehicle had no current licence disc as required in terms of the Vehicle Registration and Licensing Act, [Cap 13:14], (the Act) the previous licence having expired on 31 May, 2012. More
The judgement was prepared in 2017. It was not handed down. I extend my sincere apologies to the parties for the delay. This is an appeal against on arbitral award handed down by Honourable S. Mugumbi on the 3rd of December, 2015. The operative part of which reads as follows;
“I therefore accordingly, dismiss the claims in toto. All claims must fail.
This will be my award”
The material background facts are as follows;
The Appellants were all employed by the Respondent in various capacities. They were all engaged on the basis of open-ended contracts i.e. contracts without the limit... More
