This is an appeal against the decision of the respondent appeals committee which upheld appellant’s dismissal following allegations of carrying out an act which is inconsistent with the express or implied conditions of the contract of employment in contravention of section D25 of the respondent code of conduct. More
Although this matter was filed on the back of a certificate of urgency, its hearing got delayed on account of the need for a clinical psychologist’s report. There was also a directive that the court be furnished with an additional report from a social worker but this never materialised. Other administrative interventions also militated against an early resumption of hearing. Ultimately, at the hearing of the matter the legal practitioners involved had not engaged in any research, a task that then fell on the Judge. More
On 18 September 2023 this court heard and determined an appeal by the appellant against the decision of the Magistrates’ Court given under case number CC2472/21. In the application before the Magistrates’ Court, the 1st respondent sought and was granted an eviction order against the appellant from a house in one of the high-density suburbs in Bulawayo on the basis that the appellant has been occupying the property in question without the 1st respondent’s consent. Yet, the 1st respondent is the holder of all rights and interests in respect of the property by an agreement of sale that she has... More
This is an application whereby the applicant seeks the following interim relief.
“Pending finalisation of this matter, the applicant be and is hereby granted the following relief:
The execution of the warrant issued by this court under cover of HC 1525/19 be and is hereby temporarily stayed pending the return date of this matter.”
The facts of this matter are that applicant is married to 1st respondent and the marriage still subsists. Sometime in 2011, applicant sought and got a provisional order barring 1st and 4th respondents from selling the parties’ matrimonial home namely stand C55 Njube Township in Bulawayo. More
This is a court application for specific performance, declaratur and other consequential reliefs. The reliefs sought are hereunder set out in full as follows:
“IT IS ORDERED THAT:-
1. The purported cancellation, by first respondent, of the agreement of sale of the immovable property described in paragraph 2 below concluded between First respondent and applicant be and is hereby declared to be invalid, null and void.
2. The first respondent be and are hereby directed to,within seven (7) days of the date of this order, sign all documents and do all things necessary to have the transfer of a certain... More
This matter was brought before me on a certificate of urgency on 25 June 2013. After considering the papers I declined to hear the matter on urgent basis on 26 June 2013. In so declining I remarked as follows: More
This is an application for absolution from the instance which was made by the defendant at the close of the plaintiff’s case. The plaintiff’s claim is for damages for defamation arising out of alleged communication which was made by the defendant to Stanbic Bank of and concerning the plaintiff. The background facts may be summarised as follows More
In this matter applicants filed an Urgent Chamber Application in terms of which they applied for a stay of execution of a default judgment pending determination of the applicants’ application for rescission of judgment. At the hearing of the application I ruled ex tempore that the matter was not urgent and removed it from the roll of Urgent Applications. The following are detailed reasons for the judgement:-According to applicants’ application the default judgment the subject of their application for rescission of judgment was granted by the High Court at the Pre-Trial Conference held on the 29 March 2022 under case... More
This was an application for summary judgment. The defence was bogus. I granted the application soon after argument and gave reasons ex tempore. The respondents say they want to appeal. They have asked for a written judgment. This is it. More
This is appeal against both conviction and sentence of a judgment of the Provincial Magistrate sitting at Karoi Magistrates Court. The appellant who initially appeared before the court jointly charged with two others who were subsequently acquitted was convicted after a trial for bribery in contravention of s170 of the Criminal Law Codification and Reform Act 9 (Chapter 9:07). He was sentenced to 24 months imprisonment of which 5 months imprisonment was conditionally suspended for 5 years. More
This is an application for the upliftment of the automatic bar that came about after applicant failed to file a new set of opposing papers against the confirmation of a Provisional Order that had been granted against it after it had filed opposing papers for argument on whether or not a Provisional Order should be granted. It would appear applicant’s lawyer laboured under the mistake that once having filed opposing papers against the granting of the interim order, if it had no additional information it would still use the same opposing papers to argue against the confirmation of the Provisional... More
The applicant issued out summons against the respondent in which she claimed payment of US$58 873 or the equivalent in Zimbabwean dollars payable at the prevailing interbank rate on date of payment, interest on the said sum at the prescribed rate and costs of suit on an attorney-client scale. The respondent entered an appearance to defend and subsequently filed her plea. More
The first respondent is the registered owner of an immovable property known as Lot 2 of Lot 20A Waterfalls Induna which is 4195 square metres in extent. On 25 August 2008 the first respondent gave a mandate to the second respondent to dispose of the property on his behalf. The second respondent is a registered estate agent. It seems as if the second respondent already had buyers on its books for a property such as the first respondent had on offer, because on 26 August 2008 an offer was received from the applicant for the purchase of the property. The... More
Applicant approached the court on an urgent basis seeking restoration of custody in terms of s 5 (2) of the Guardianship of Minors Amendment Act of 2022, pending the finalization of the divorce matter under reference HC 4252/21. More
This application was initially set down for 18 June, 2018. It was postponed to 2 July, 2018 at the instance of the applicant. I heard the application on the mentioned date. I delivered an ex tempore judgment in which I dismissed the same with costs. More
