After hearing submissions from both parties, I delivered an ex tempore judgment in which I dismissed the application. The applicants have requested reasons for judgment. These are they. More
The Applicant is Roy Leslie Bennett, a Member of Parliament, who is presently incarcerated at Mutoko Prison, pursuant to his committal to imprisonment by Parliament, for an effective term of 12 months beginning on the 28th of October 2004. More
The applicant is a Member of Parliament for the Chimanimani constituency. He is currently serving a sentence of 15 months imprisonment with labour of which three months were suspended for a period following his being found guilty of contempt of Parliament on 28 October 2004. More
It is common cause that Appellant worked for Respondent as a Freight Driver based in Bulawayo. On the 19th December 2020 in the evening he was scheduled to deliver beer to their Beitbridge distribution center. After midnight he sent a message on their Whatsapp Group reporting a tyre puncture breakdown. Appellant stated that he realised his message was incomplete but when he tried again to reach his employer he failed due to network challenges. Appellant further stated that early morning robbers attacked him, damaged his truck and stole beer. He then managed to use a passerby’s phone to reach his... More
The matter was placed before me as an application for condonation of late noting of an application for review.
The material background facts to the matter are as follows:
The Applicants are former employees of the 3rdRespondent. In March 2012 the parties entered into a negotiating process for the retrenchment of the Applicants. The process culminated in a retrenchment certificate issued by the Minister on 22nd May, 2012. The Applicants after a period of two years instituted proceedings in the Labour Court to appeal against the Minister’s decision allowing for retrenchment of the Applicants. On the 31st of January 2014... More
The three accused persons were denied bail in the Magistrates Court
on three counts of stock theft. Each count carries a minimum sentence of 9 years imprisonment. The presiding magistrate denied them bail on the basis that they likely to abscond. He reasoned that the strength of the state case and severity of sentence upon conviction were likely to induce them to abscond. More
The appeal was noted as against an arbitral award handed down on an unspecificieddate the operative part of which reads as follows;
“4.1 This matter was resolved at the conciliation level. It should never have been brought to arbitration. Entertaining the complainant is an abuse of the dispute resolution system. I have no mandate to overturn an agreement that was entered by parties willingly.
4.2 Accordingly, this case is dismissed in entirely. Parties must abide by the agreement entered on 16 November, 2011.” More
The real issue for determination in this matter is whether the applicant and the first respondent concluded a contract for the sale of land.
The facts in this matter are basically common cause. The applicant sought to buy land belonging to the first respondent. The first respondent in turn wanted to increase its revenue base from undeveloped land under its control and ownership. Commencing in 2008, the two parties entered into discussions and negotiations over land in the applicant’s central business district. More
There has been a delay in the handing down of judgment in this application. I reserved judgment after argument on 26 May 2016. The applicant’s legal practitioner wrote a follow up letter to the Registrar enquiring as to when judgment could be expected to be delivered. The letter was written on 28 October 2016 and forwarded to my clerk on 31 October 2016. More
Appellant was employed by the Respondent as the logistics and Distribution Manager. On 4 March 2010 he was suspended from employment without salary and benefits on the basis of misconduct. On 8 March 2010 he was charged with three counts of misconduct. The allegations were that between 5 and 20 January 2010 he signed loading instructions for Salt Lakes Transport without a valid contract. He was accused of not exercising the required due diligence when executing his duties in relation thereto. Appellant’s alleged laxity and over delegation, over-trust and over-reliance on subordinates led to the loss of 120 metric tonnes... More
applicant seeks an order of specific performance in the following terms:
(a) That the first respondent be and is hereby ordered to manufacture, assembled and deliver to the applicant a 1 x 45 Lowbed Trailer in accordance with the specifications set out in its quotation of 4 March 2008;
(b) That the first respondent be and is hereby ordered to deliver the 1 x 45 Lowbed trailer to the applicant within 10 weeks or 70 days of the granting of this order.
(c) Cost of suit. More
The applicant was served with a writ of execution which was issued on the 14 June 2023. The writ seeks to evict the applicant from Jilikin 25 Mine Registration 12641 BM. On 23 June 2023 the applicant approached this court on an urgent basis seeking the following interim order:
The 1st respondent be and is hereby ordered to desist from carrying into execution the warrant of execution in favour of 2nd and 3rd respondents under HC 6457 in an area falling in Caradac Farm Gweru with the following coordinates (A) 36K0194080 UTM 7853780 (B) 36K0194360UTM 7853920 (C) 36K0194583 UTM 7853620... More
The applicant is married to Nathan Simango in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. Their marriage was blessed with one child. The respondent is a blood brother to Nathan Simango.
It is common cause that the applicant and Nathan moved to the United States of America (hereinafter referred to as USA) about 9 years ago. Both were apparently employed. Nathan lost his employment and in the year 2008 he fell ill. He was alleged to be suffering from Alzheimer. As a result he sometimes had certain limitations in understanding and was no longer in full... More
