MABHIKWA J: The applicant in this matter was charged with and convicted of the crimes of firstly contravening section 65 of the Criminal Law (Codification and Reform) Act, Chapter 9:2 – “Rape” and secondly contravening section 67 (1) (a) (i) of the same Act, “Indecent assault.” The applicant was subsequently sentenced by the Regional Magistrate’s Court sitting at Bulawayo to 16 years imprisonment of which 3 years imprisonment were suspended on conditions. Having filed a Notice of appeal against both conviction and sentence, the applicant has filed the current application for bail pending appeal. More
On 8 January 2020, the High Court ordered the appellant to pay to the first respondent:
1. the sum of US$877 435 being the outstanding meteorological weather services fees (Met fees) for the period January 2006 to 30 April 2014;
2. all and further outstanding Met fees from 1 May 2014 to the date of final payment;
3. interest on the above sums at the prescribed rate from the date of the service of summons to date of final payment; and
4. costs of suit on a legal practitioner and client scale. More
The delay in the determination of this matter requires explanation.
This application was first heard on 28 September 2009. At that time Advocate Mandizha and Mr Mahlangu represented the applicants and first respondent respectively. The matter was then postponed to 30 September 2009 for continued hearing. However, the matter was only heard again on 21 October 2009 whereupon the applicant’s legal practitioner indicated the intention to apply for leave to file a supplementary affidavit. The respondent clearly indicated its intention to oppose the application. I then postponed the matter sine die in order to allow the applicants to file a... More
This is an appeal against the whole judgment of the Labour Court handed down on 8 April 2016 under case number LC/H/994/15, in terms of which the determination of an independent disciplinary authority against the respondent was upheld by the court a quo. More
This is an application for rescission of a default order granted by this court on 29 March 2010. The order reads as follows:
“IT IS ORDERED THAT:
The judgment with costs be, and is hereby entered for plaintiff in the sum of US$17 116.00 with interest thereon at the prescribed rate from 20 July 2009 to date of payment.” More
On 15th October 2015 at Harare, Arbitrator M. Kazembe issued an arbitration award. In terms thereof he dismissed Appellant’s appeal against the penalty imposed on Respondent by the disciplinary authority. Appellant then appealed to this Court against the award. Respondent opposed the appeal. More
The matter was referred to the designated agent to deal with claims raised by the appellant’s employees. The employees were employed in various capacities. The employees alleged that they had their contracts of employment unfairly terminated by the appellant, further, the employees alleged that they were being underpaid. More
The biblical aphorism: “Whatever a man sows, that he will also reap” has lost its meaning in our society. This matter presents a sordid picture of a culture of wanting to reap where persons did not sow. The matter was instituted as an urgent chamber application on 18 September 2012. Through the urgent application the applicants seek an order interdicting the respondents from claiming or demanding payment of rentals from them until the dispute relating to the directorship and shareholding of the first respondent is resolved. The applicants also want an order that they deposit their monthly rentals due to... More
In this matter plaintiff sued first and second defendants for cancelation of a lease agreement on account of breach, ejectment of the first defendant and all those claiming occupation through first defendant from plaintiff’s premises, payment of the sum of US$9 000-00 representing rent arrears as at the time of breach and holding over damages at the rate of US$1500-00 per month from 1 April 2015 to date of ejectment and 5% per annum interest from the due date of payment.
First defendant was sued in his personal capacity as the principal debtor he having been the tenant in terms... More
The abovementioned four matters were referred to me for dealingat one and the same time. Ongoing through the records which relate to each of them, I remained alive to the fact that, whilst the applicants are different and have, accordingly, filed their respective applications with the court separately, everything else which relates to each of the four cases is substantially one and the same thing. More
This is an appeal against the judgment of the Negotiating Committee of the National Employment Council for the Commercial Sectors (N.E.C.C.S) which ordered reinstatement of the respondents without loss of salary and benefits with effect from the date of dismissal. More
On 4 January 2016 at Mutare, Arbitrator N AMutongoreni made an arbitration award. He ordered appellant to pay respondents an amount of USD23 179.42 as outstanding terminal benefits. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
The circumstances surrounding the charges are that sometime in March 2012 the Respondent deliberately misrepresented to a refuse collection company that was normally contracted by the Appellant to collect discarded bottles at the Appellant’s premises. It was Appellant’s allegation that when he did so Respondent knew he was supposed to have removed the said bottles at his own cost. This was as a result of an oral agreement he had entered into with Appellant’s representatives that he (respondent) would in exchange of pallets donated to him by the Appellant clear the discarded bottles at Appellant’s premises at his own cost.... More
Plaintiff issued summons against the defendants for the recovery of a debt in the sum USD81 881.42 which it claims is due and owing to it. Plaintiff prayed for an order in the following terms:-
i) Judgment in the sum of US$81 881.42 being the capital sum owing under a Trade Credit Facility Agreement between plaintiff and first defendant dated 13 January 2011 for goods and commodities supplied and delivered at the instance and specific request of the first defendant, the sum of which has remained due despite due and proper demand.
ii) An order declaring specially executable, the immovable... More
The applicant and 1st respondent had a mining dispute over the pegging of applicant’s Eric 9 Mine which had allegedly encroached onto 1st respondent’s Annedale 12 Mine. Both mines are located in the Insiza District. With the consent of the applicant and 1st respondent the mining dispute was investigated and adjudicated upon by the Provincial Mining Director, Matabeleland South. 3rd respondent handed down a determination on 15th June 2020 with findings that applicant was required to adjust the boundaries of his claim so that they did not overlap into 1st respondent’s claims. Dissatisfied with the determination by 3rd respondent, applicant... More
