The plaintiff issued summons against the defendant on 31 November 2009 for the payment of US$37 873-10 arising from the sale and delivery of wheat feed and soya meal during the period extending from 3 July to 15 July 2009. The defendant admitted that payment in the sum claimed was outstanding. It, however, contested the matter on the ground that the plaintiff owed it a sum in excess of the claim by US$29 850-90 arising from overpayments made during the period 2 June to 7 July for the purchase of bulk (loose and not bagged) maize. It counterclaimed for the... More
The applicant was the Attorney-General for the Republic of Zimbabwe up to May 2008 when he was removed from that office.. His removal from office was publicly announced by a notice appearing in the Government Gazette of 16 May 2008. Following this, a letter was dispatched to him by the Chief Secretary to the President and Cabinet on 23 May 2008, informing him of the termination of his services as Attorney-General. More
On 23rd October 2012 the Honourable Y Malama made an arbitration award. In terms thereof she ordered Appellant to pay salary shortfalls for Respondents amounting to a total sum of US$10 408.51. Appellant then appealed to this Court against the award. More
This is an application for rescission of default judgment granted against applicant on 19th of July 2017 in terms of r 63 of this Honourable Court’s Rules 1971 on the basis that the notice of set down for trial was served on applicant’s erstwhile legal practitioners, Mutumbwa Mugabe Legal Practitioners, who went on to renounce agency and never notified applicant of the set down date. More
The appellant is the director and alter ego of Tsapo Plumbing and Construction (Pvt) Ltd. He was charged with the crime of fraud (six counts). After a trial, he was convicted and sentenced to a total of 48 months imprisonment which was suspended on condition of good behaviour restitution and community service.
Dissatisfied, the appellant appealed to this court against both conviction and sentence. The appellant identified the grounds of appeal as falling into two broad categories. In the first category the issue is whether the court a quo erred in finding that the essential elements for the crime of... More
The appellants appeared before a magistrate at Plumtree Magistrates’ Court facing a charge of public violence as defined in section 36 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty but were convicted and sentenced to a fine of $500 or in default of payment 90 days imprisonment for the first appellant and $200 or in default of payment 40 days imprisonment for the second appellant. This appeal is against conviction only. More
This is an opposed application for summary judgment where applicant is seeking the following relief:
“1. Summary judgment in case No. HC 249/2021 be, and it is hereby granted in favour of the applicant and against the respondent.
2. The respondent including all persons whatsoever claiming right of occupation through her be and is hereby ordered to vacate certain piece of land situate in the District of Umtali called the Remainder of Lot C of subdivision D of Dora measuring 85, 7844 hectares within seven (7) days after service of this order upon her.
3. In the event that the... More
The respondent (Luxford Mutopo) is a nephew to the applicant of Ndiya Village Musosomwa Ward 15. Ndiya Village was established and registered in 1936. The Respondent argues that the first village head was his great grandfather, Ndiya, after his death in 1942, Karasa took over who was his younger brother. After the death of Karasa in 1947 Samson Chimhuto followed. After the death of Chimhuto John Kativhu became village head, When Kativhu, died his young brother Michael Nyahunzvi became village head, then after his death in 2017 the respondent came into office. More
Applicant faces a charge of murder. The allegations are that applicant and others threw stones, empty bottles and other missiles at uniformed officers. One of the objects struck Inspector Petros Mutedza and he was pronounced dead on arrival at hospital. On 10 October 2011 he applied for bail pending trial together with his co-accused. The matter was placed before MWAYERA J who dismissed applicant’s application for bail on 20 October 2011 More
The criminal hallmark that accused is presumed innocent till proven guilty is buttressed in the wording of s 117 of the Criminal Procedure and Evidence Act [Cap 9:07]. The notion is that courts should always grant bail pending trial where possible and should lean in favour of the liberty of the accused provided the interest of justice will not be prejudiced. The court is thus required to expeditiously fulfil its function of safe guarding the liberty of the individual while at the same time protecting the interests of justice. The central question in applications for bail pending trial is whether... More
The applicant lodged an application for bail pending trial on allegations of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On 13 April 2021 applicant is alleged to have connived with a co-accused to kill two children. In that after a School Development Committee meeting the applicant took the two children home since they resided in the same area. The applicant met up with the co-accused who was in the bush and killed the two children by inflicting deep cuts in their necks. The applicant and co-accused covered blood stains on the... More
This is an application for condonation of late noting of an appeal. The background to the matter is that appellant who was in the respondent’s employment was charged with acts of misconduct and taken before a disciplinary committee which found him guilty of the misconduct and dismissed him from employment. He lodged his appeals internally without success. He then appealed to the labour court within the time lines set out by the rules but ended up withdrawing that appeal after the employer successfully challenged some of the appeal grounds which he had placed before the court. He is still desirous... More
This is an application for the review of the decision by the Chief Finance Officer in a labour dispute pitting the employee and the respondent employer. The only issue for determination is whether it was wrong for the Chief Finance Officer to preside over an appeal which should have been presided over the Chief Operating Officer in terms of the respondents Code of Conduct. It is not in dispute that notwithstanding the reference to Chief Operating Officer in the Code such office has ceased to function and the Chief Finance Officer occupies the position at the same level with the... More
The facts of the present matter are as follows. The respondent is the former owner of the immovable property which is at the centre of the dispute between the parties. More
