The applicant is a resident of the City of Harare, a joint owner of stand 285 Mount Pleasant Township 11, of Lot 35 Mount Pleasant, Harare, and a registered voter for an area falling under the City of Harare. He is aggrieved by the 1st respondent’s failure to conduct elections for Councillors and the Mayor for the City of Harare, which he claims were due in August 2006. He seeks an order compelling the 1st respondent to give notice in terms of section 124 of the Electoral Act [Chapter 2:13] hereinafter called the Electoral Act, of the holding of elections... More
[1] The plaintiff issued summons against the defendant out of this court on 24 April 2024. The claim as endorsed on the face of the summons is for the following relief:
i. “Payment in the sum of US$60 000.00 payable in local currency at the prevailing exchange rate, being damages suffered by the plaintiff arising from breach of professional duty of care as a conveyancer which duty was owed to the plaintiff who was purchasing an immovable property. The defendant failed to exercise reasonable care, skill and diligence when drafting an agreement of sale of the immovable property in which... More
In this application, the applicant seeks the following relief:-
“IT IS DECLARED THAT:
1. The Applicant is a citizen of Zimbabwe by birth in terms of s 5(1) of the
Constitution of Zimbabwe.
2. The order issued in terms of s 14(1) (g) of the Immigration Act [Cap 4:
02] signed by the then Minister of Home Affairs on 16 December 2005 deeming
the applicant to be an undesirable inhabitant or visitor to Zimbabwe is unlawful
and of no force and effect.
3 The provisions of s 9(7) of the Citizenship of Zimbabwe Act [Cap 4:01]
are ultra vires the... More
This matter was heard on 4 February 2020. After hearing argument from counsel, the court reserved judgment. It was intended that judgment would be availed within a reasonable period thereafter. The departure of Bere JA who had been assigned the task of drafting the judgment has resulted in an inordinate delay in determining the appeal. The delay is regretted and the court sincerely apologises to the parties for the inconvenience. More
This is an appeal against an arbitral award handed down on 20 January 2015, in terms of which the respondent was awarded damages for loss of employment. More
This is an automatic appeal, filed in terms of s 44(2)(c) of the High Court Act (Chapter 7;06), against conviction and the penalty of a death sentence imposed on the appellants by the High Court on 8 June 2020 following their conviction on a charge of murder with constructive intent. Two separate appeals were filed by each of the appellants. The two appeals in question were consolidated, through an order of this Court dated 6 July 2022, as both appeals involved the same judgment. More
This application for confirmation of ruling by the applicant is not opposed. The 1st Respondent is not opposed to the relief being sought. 1st Respondent is merely seeking to be allowed to pay off the debt in 2 to 3 months. The representative for the company indicated that they had managed to secure the funds through a loan. He said the company was having cash flow problems and because this court does not want to kill the hen that lays the golden egg the period will be extended but not up to the three months as this will severely prejudice... More
The applicant and the respondents have previously been involved in litigation over mining claims known as Cleveland II, Cleveland 13 and Cleveland. In case number HC 2565/22 the applicant who was the 1st respondent therein had judgment granted against him wherein he was divested of his claim to the mining claims. More
1. This is an appeal against the whole arbitral award handed down by Arbitrator, Ms B. Garudzo on the 21st of March 2024 dismissing Appellant’s entire claim. The Appellant raised five grounds of appeal couched as follows:
1.1 “Arbitrator erred in her findings that there was no evidence of the claim of tender commission fees although she acknowledged that unwritten contra is valid and binding. This finding is a misdirection of facts which amounts to a misdirection in law More
This is an appeal against the entire judgment of the High Court sitting at Harare dated 30 March 2016 wherein it was held that there was a valid and binding surety agreement between the appellant and the respondent. On that basis the appellant was ordered to pay the respondent the sum of US$37,497.42. More
1. This is an appeal against the whole judgment of the Labour Court of Zimbabwe (the court a quo) handed down on 30 September 2022. The court a quo allowed an appeal by the respondent against the decision of a designated agent in which the agent had set aside the retrenchment of the appellants and ordered their reinstatement or payment of damages in lieu of the reinstatement. More
: This is an opposed chamber application for condonation for non-compliance with r 60 (2) of the Supreme Court Rules, 2018 and for extension of time within which to appeal. The intended appeal is against a judgment of the Labour Court handed down on 25 January 2019 dismissing an application for review of the decision made by the first respondent to dismiss the applicant from employment. More
There has been an inordinate delay in the hand down of this judgement. This was partly due to the voluminous record of proceedings and the number of issues that needed resolution. I extend my sincere apologies to the litigants notwithstanding. More
Pursuant to an application for contempt of court made in terms of r 388 of the then High Court Rules, 1971, this court granted the order below on the 11th of June 2021.
1. The respondent be and is hereby held to be in contempt of paragraph 2 of the order granted by this Honourable Court in case number HC 3454/17.
2. The respondent be and is hereby committed to gaol for a period of thirty days, or until such time as he has complied with paragraph 2 of the court order in Case Number HC 3454/17.
3. The Sheriff... More
This is an application for the review of the first respondent’s decision to withdraw an offer letter granted to the applicant for the occupation and use of certain agricultural land described as subdivision 3 of Umvukwe North situated in the Mazowe District of Mashonaland Province, measuring 246.01 hectares. The decision to withdraw the offer letter was taken on 20 July 2017. More