[1] This is an appeal against the whole judgment of the Magistrates Court sitting at Harare convicting the appellant of 13 counts of robbery committed in aggravating circumstances as defined in s126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The appellant was sentenced to a total 52 years imprisonment of which 8 years were suspended on the usual conditions of good behavior. A further six years imprisonment was suspended on condition of payment of restitution to leave an effective imprisonment term of 38 years in the event that restitution were paid in full. More
This is an application for review by the applicant. The basis for the application is that the respondent company hastily concluded negotiations pertaining to his exit from his job to the extent that he felt that he was coerced into accepting the final settlement which saw him exiting the respondent company .It is therefore his prayer that this court directs the respondent company to renegotiate his exit package. More
This is an application for reinstatement of an application for quantification of damages. Preliminary issues were raised on behalf of the respondent before the main application could be argued. More
This judgment is in respect of an application for review (LC/H/REV/75/19 and an appeal (LC/H/170/19) filed by the applicant/appellant on the 7th August, 2019.
Respondents raised preliminary issues in respect of both and it is these, that this judgment addresses.
Applicant was employed as headmaster under the 2nd respondent and was based at Chibara Primary School. More
The applicant is a Zimbabwean citizen and the holder of a Zimbabwean passport issued in 2000. The passport expired on 18 June 2010. Since then he has been attempting to renew it without success.
The second respondent is the Registrar General of Citizenship whose office is responsible for the issuing and renewal of passports. More
This matter was heard on 24 March 2011. On 31 March 2011 this court issued an order in the following terms:
“IT IS DECLARED THAT:
1. The applicant is a citizen of Zimbabwe by birth in terms of section 5 of the Constitution of Zimbabwe.
2. The provisions of section 9(7) of the Citizenship of Zimbabwe Act, Chapter 4:01 insofar as it relates to citizenship by birth, are ultra vires the powers the powers vested in the Parliament of Zimbabwe in terms of section 9 of the Constitution of Zimbabwe and are in consequence of no force and effect. More
This is an application for condonation to enable the applicant to file its appeal against the decision of the labour officer out of time.
The respondent raised a preliminary point and argued that the new Amendment Act No. 5/2015 does not allow for the procedure adopted by the applicant. The new provisions do not provide for an appeal against the decision of a labour officer nor for an application to the Labour Court. It was argued that the Labour Court is a creature of statute and cannot do anything outside the four corners of the parent Act. The Labour Act... More
In considering this matter of insurance, I kept reminding myself of the words of R.H Christie, in Business law in Zimbabwe, (Juta and company Limited, 1998, 2016 edition at page 221), as follows,
“ The object of insurance is to protect people from financial disaster. They buy this protection by the payment of a moderate price in exchange for a promise to pay an agreed amount if or when the disaster occurs. The seller of this protection is known as the insurer, the buyer the insured (or assured in life insurance), the price is known as the premium and the... More
This is an appeal against the decision of National Employment Council Appeals Committee that was issued on the 20 February 2014. The National Employment Committee ruled in the respondent’s favour and ordered as follows;
“1. That the charge of Part C (23) is hereby set aside and substituted with Part A (4) which is for “Negligent performance of duties with minor consequences” and which warrants a verbal warning on first breach
2. Reinstatement is to be effected from the date of the National Employment Council’s determination and it is without back pay.
3. Alternatively, the employer can pay damages in... More
The facts of the case are as follows:
The appellant is in the business of providing security (guards). On or about the 22nd of May 2012 one of the appellant’s clients raised an alarm. This meant that something was wrong. The respondent was on duty. He was party to a team that went tocheck the premises in question. Two other people who included a driver were the other members of that team. Upon arrival at the scene it was observed that the main gate or entrance to the premises was locked. However, the screen door to the building-which door is... More
This is an appeal against a decision of the Negotiating Committee handed down on the 3rd October, 2011 by which the Appellant was ordered to reinstate he Respondent without loss of salary and benefits from the date of dismissal. More
This is a court application in which the applicant is seeking leave of the court to file opposing papers to an application for corporate rescue brought by the 1st respondent against the 2nd respondent in case number HCHC 276/24. The application is opposed by the 1st respondent. More
The plaintiff claims from the defendant payment of the sum of US$1 517 465-00, reduced to US$1 461 000-00 by an amendment to the summons and declaration, and finally to US$1 014 483-00 at trial. The claim is for damages for breach of contract. The nature of such damages is not finely pleaded. They are supposed to be consequential or anticipatory damages flowing from the alleged breach. More
Defendant raised a special plea against plaintiff`s claim for an amount of US$274,768 as damages for alleged breach of contract. Both parties are economic players in the agricultural sector. Sometime in November 2022, plaintiff (“Seedco”) and defendant (“Mr Falkenberg”) concluded a soya bean crop financing and production contract. More
The applicant is facing a charge of possession of a specially protected animal species. It is alleged that on 5 January 2021 and at around 1100 hours the applicant who was in the company of four other accused persons who are still at large were driving a Toyota Corolla vehicle Registration Number ACW 2580 silver in colour and they parked it along Harare-Mutare Highway at Hwedza turn off, Rusape. They were intercepted by police detectives and they were found in possession of two live pangolins. The pangolins were placed on the back seat covered with a white sack. The applicant... More
