The factual background to this matter, briefly outlined, is that the applicant and the second respondent are registered holders of blocks of mining claims in the Mashonaland East Province. The applicant owns claims under the block Chifumbi 2 Mine (Registration No. 1688G). The second respondent owns claims under the block Averum 22 (Registration No. 37918). A dispute arose between the applicant and the second respondent when the latter started mining in an area the applicant claimed was within his registered claims. The dispute was adjudicated upon by the first respondent, resulting in a determination issued on 1 December 2022. In... More
Appellant was in the employ of the respondent. Following allegations of misconduct, appellant was brought before a Disciplinary Committee which found him guilty and recommended his dismissal. An appeal to the National Appeals Committee did not yield the desired results and the appellant has approached this court for relief. More
The applicant filed an application in which he sought a declaratur to the effect that the Master of the High Court’s appointment of George Lentaigne Ingran Lock as executor in a deceased estate of Farida Hattena DR 722/17 be declared null and void. George Lock is the first respondent in this matter whilst the Master is the third respondent. Also sought was that the removal of one Freddy Chambari as curator bonis in that estate be declared null and void. However, Freddy Chimbari is himself not a party to the application. The agreement of sale of the deceased Farida Hatttena... More
This is an application for review where the applicant is seeking the following:
“IT IS ORDERED THAT:
1. The High Court should review the ruling from Rusape Magistrate Court of (sic) granting RTGS 5 0000 against a claim of US$ 50000 dated 26 may 2020.
2. Respondent to pay cost of this application”
The application is opposed more pertinently the first respondent contends that applicant does not allege any procedural irregularity on the part of second respondent’s conduct of proceedings which must be the legal basis for review in terms of s 27 of the High Court Act. More
Appellant instituted summons at Rusape Magistrate Court claiming $5000-00 from the respondent being general damages arising from the alleged unlawful destruction of appellant’s temporary structure constructed at No 7688 without a valid court order as well as for harassing appellant’s wife at the latter’s work place without appellant’s consent. After the issuing out of the summons the appellant served the respondent with various court processes and on 9 April 2019 appellant filed an application for default judgment. Unfortunately on 19 April 2019 the learned magistrate dismissed the application. Unamused by the dismissal the appellant noted an appeal on 16 August... More
This was an application for bail pending appeal. The applicant was convicted in 2015 of two counts of rape of an 11 year old girl to whom he was related as an uncle. He received a sentence of 15 years for each count, with five years suspended on the usual conditions, making his effective sentence 25 years. He successfully applied for condonation of late noting of appeal in August 2018. He then applied for bail pending appeal. I denied him bail on the 5th of November 2018 on account that there were no prospects of success on appeal regarding his... More
On 4 November 2022 Plaintiff sued out summons claiming a decree of divorce and ancillary relief. In the declaration, he stated that the parties solemnized their marriage in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17] at Gweru on 16 April 2010. The marriage was blessed with three minor children –
- Thandi Hove born on 2 September 2010;
- Thabo Hove born on 17 November 2012; and
- Busi Hove born on 23 May 2014. More
The plaintiff started off as thedefendants’ girlfriend. They thereafter had a childRosely Mufaro Maswera born on 12 March 2007 graduating her to his small house. The defendant was old enough to be her father. He was 58 and she was 23 when they had their first child. The defendant was a married man and was at the beginning of the affair staying in Umwisdale where the plaintiff was also staying. The defendant said she knew he was a married man as she used to come to his Umwisdale plot to buy vegetables and to grind her maize at his grinding... More
On the 2nd February 2024 at Harare, Arbitrator S Mudimu issued an award. She ordered appellant (employer) to pay respondent (employee) a sum of $11, 900.00 in respect of arrear salaries and leave pay. Appellant then appealed the award to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
On 16 November 2007, the applicant approached this court on a certificate of urgency and obtained a provisional order compelling the respondent to return to it six fuel pumps and other accessories that it had dismantled and removed on 10 November 2007. The provisional order also restrained the first respondent from removing any further equipment from its business premises pending its confirmation or discharge. More
This is an urgent chamber application for a stay of execution of the order of this court in HC 2773/18 pending the determination of an application to the Supreme Court for condonation and extension of time within which to note an appeal. Such application is filed under SCB 107/20.
The facts leading to this application are that following a divorce order applicant and her husband had their matrimonial home sold so that they could share the net proceeds therefrom. The property was bought by 1st respondent who has since obtained transfer of same. Following disputes relating to the sale in... More
Most of the facts in this matter are common cause. The plaintiff and the defendant entered into a verbal agreement for the services of galvanization of the plaintiff’s gutters by defendant More
This is an appeal against an arbitral award in favour of Respondent. Appellant filed Heads of Argument out of time and Respondent made submissions on this point. Respondent further stated that Appellant was barred in terms of the Rules unless an application for upliftment of the bar was made and granted by the Court. Appellant applied for the upliftment of the bar which was not opposed by Respondent. More
This is an appeal against the decision of the arbitrator. The brief facts of the matter are as follows. The Respondent was employed as a gate guard. He was dismissed from employment and approached the Labour Office. Through conciliation, respondent was reinstated to his position. On reinstatement, he was seconded to perform duties for appellant. Appellant subsequently terminated respondent’s employment contract. The respondent approached the NEC for the Engineering and Iron and Steel Industry for relief. The matter ended up in arbitration and the arbitrator found in favour of the respondent. Appellant is dissatisfied with that decision and has approached... More
