This is a two pronged chamber application for recusal. The first prong being the failure to follow normal allocation channels by the Judge President. The second prong is the proximity of the Plaintiff to the trial Judge in the main divorce trial. More
On 30 June 2021, the applicant’s legal practitioner made an application for removal of this matter from the roll. The basis was that the applicant was ill disposed. The respondent’s legal practitioner was not opposed to the application. It is trite that removal of a matter from the role is at the discretion of the court. I have noted over the years that often times matters are removed from the roll without any clear reasons or no reasons at all being endorsed on the file. It becomes difficult for a different judge upon whom the matter is then placed to... More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 26 August 2020 confirming the cancellation of the agreement of sale entered into between the first respondent and the late Benjamin Njiwah and ordering ejection of the appellant from the property described as Stand Number 3131 Dzivarasekwa Township, Harare (the property). More
This is an appeal against the whole judgment of the High Court handed down on 20 February 2019 which granted summary judgment in favour of the respondent for the eviction of the appellant, and all those claiming occupation through her, from stand no 3437 Highfield Township, Harare (“the property”) after dismissing the appellant’s application for condonation of the late filing of heads of arguments in opposition to the summary judgment application. More
The charges for which Appellant was found guilty and dismissed from Respondent’s employ were:
- Any act or conduct or omission inconsistent with express or implied conditions of the employee’s contract.
- Being dishonest in the performance of normal duties. More
The applicant is the registered owner of a Toyota Chasser motor vehicle registration number ABL 2611. It was registered in her name on 9 November 2009. The first respondent is the Minister of Home Affairs cited in his official capacity as the Minister responsible for the Zimbabwe Republic Police. More
The plaintiff is the eldest daughter of the late Filmon Philemon Damasi who died on 30 March 1989 and the late Esthery Damasi who died on 5 June 1990.
First defendant is the eldest son but the youngest child to the late Filmon Philemon Damasi and Esthery Damasi.
The estate of late Filmon Philemon Damasi included an immovable property, that is, House No. 3685 Old Highfield, Harare of which he was the registered owner.
In 1989 the first defendant was appointed executor dative to the estate late Philemon Damasi and issued with letters of administration under DRH. 389/89. More
The matter was placed before me as an application for condonation for late filing of an application for review against the Respondent’s Hearing Officer’s determination handed down on 16th October, 2018. The application is premised on Rule 22 as read with Rule 20 of the Labour Court Rules, Statutory Instrument of 2017. The application is opposed. More
This is an application for a review of the decision of the Respondent’s Disciplinary Committee which found Applicant guilty of contravening the National Code of conduct SI 15 /06 and subsequently dismissed her.
Applicant was suspended and charged on 26 November 2012 with theft or fraud, alternatively, conduct which is inconsistent with one’s conditions of contract in contravention of the National Code of Conduct. She was brought before a Disciplinary Committee which deliberated on her matter and found her guilty of the misconduct complained of. More
: This judgement is rendered pursuant to an application for absolution from the instance made by the defendant at the close of the plaintiff’s case in terms of rule 56 (6) of the High Court rules, 2021 (the Rules). The plaintiff is the father and natural guardian of Rebecca Nezuru Conlon (hereafter referred to as Rebecca or the child). The plaintiff issued summons against the defendant for the payment of the sum of USD$ 6 370 000 (six million Three Hundred and Seventy Thousand United states dollars) being damages arising from injuries sustained by Rebbecca (a minor at the material... More
This is an appeal against a determination by an arbitrator. Section 98(10) of the Labour Act [Cap 28:01] (The Act) stipulates that questions of law only are raised on appeal to this Court on an appeal from a decision of an arbitrator. More
There have been long running legal battles between the applicants on one side and the 2nd respondent on the other over occupation of the farm. The background to the battles is that the applicants were the owners of Fangudu Farm in the Umtali District. The farm was acquired by the state in 2005. Subsequent to the acquisition, the 2nd respondent was issued by the Minister of Land and Rural Resettlement with an offer letter dated 11 July 2006 to occupy the land and he proceeded to do so. More
The applicants seek a declaratory order in this matter in the following terms as appears at p 53 of the record as follows:
1. That it be and is hereby declared that the stay of execution of Honourable Mr Justice T KARWI’s provisional order under case number HC 6541/09 obtained by the third respondent as the applicant under case number HC 128/2010 (HH 16-2010) has lapsed for want of prosecution of an application for rescission of judgment within the time limits ordered and directed by Honourable Justice MUSAKWA under case number HC 128/2010 (HH 16-2010).
2. That it be and... More
In terms of an amended summons and declaration filed with the Registrar of this Honourable Court on 17 December 2004, the plaintiff claimed the following amounts from the defendant:
a) payment of the sum of $28 445 150.00
b) payment of the sum of $123 647 760 068.00 as on (sic) the 31st October 2004, and further sums of money reckoned from 1st November 2004, computed on the basis of a return on investment on the said sum of $123 647 760 068 on financial instruments with the Zimbabwe Development Bank maturing every (7) days, until payment in full.
c)... More
This is an appeal against the decision of the National Employment Council Appeals Committee which was handed down on the 6th of June, 2014 which Appellant submitted he received on the 13th of June, 2014. The National Employment Council Appeals Committee in its determination dismissed the appeal noted by the Appellant and upheld the penalty of dismissal. More
