By way of a brief back ground and so far as the pleadings give insight to the matter, the Plaintiff Augur Investments OU is a peregrine private company incorporated in Mauritius under the laws of that country. It is also registered in Zimbabwe as a foreign company and carries on business in Zimbabwe. The second plaintiff Tatiana Aleshina is a private individual whilst the third plaintiff Kenneth Sharpe is described as an adult male with repute as a businessman. The first defendant Tendai Biti is an adult male and a legal practitioner whilst the second defendant Movement for Democratic Change... More
This is an application which is being made in terms of s 34 (2) (b) (ii) of the Arbitration Act [Chapter 7:15] to set aside an arbitral award which was granted by the arbitrator David A Whatman the second respondent in this matter. The arbitral award was granted in favour of the first respondent, the City of Harare against the applicant on 4 December 2017. The applicant’s claim arose from a shareholder’s agreement the parties signed in September 2007. Over the years the parties were involved in various disputes resulting in the applicant referring one of the disputes to arbitration.... More
The brief background of this matter which is generally common cause is that, on the 20th July 2020 appellant was served with a charge letter in which he was being charged with an act of misconduct in terms of the National Social Security Authority Code of Conduct. In terms of Section 10.6 of the Code the matter is to be determined within 30 days from the date of service of the charge letter upon failure of which the matter shall be referred to a Labour Officer in terms of Section 101(6) of the Labour Act. More
Applicant (employer) applied to this Court for condonation of a late review in terms of Rule 22 of the Labour Court Rules, 2017. 1st Respondent (employee) opposed the application. Applicant intends to file for review of proceedings and ruling before and by 2nd Respondent (Labour Officer) on 7th August 2023. More
MABHIKWA J: The plaintiff issued summons against the defendant and prayed for;
a) A declarator that the Nissan Latio motor vehicle Registration number AEP 1249, chassis No. INBAAC1120005684 and engine No. HR 15174100A is the property of the plaintiff.
b) Delivery of the Nissan Latio motor vehicle with registration Nos. AEP 1249, chassis Nos. INBAAC1120005684 and engine No. HR 15174100A.
c) Delivery of the Registration Book and agreement of sale for the Nissan Latio motor vehicle.
d) Costs of suit. More
The applicant was employed by the respondent. He was charged of misconduct and brought before a disciplinary committee. The disciplinary committee found him not guilty of the charge. It made recommendations to the disciplinary authority that the applicant was not guilty but nevertheless that evidence also showed unethical conduct which did not amount to a commission of the charge. More
This is an appeal against the judgment of the Goromonzi Magistrate Court delivered on 4 June 2010. The appellants appeal against the entire judgment in which the order sought by the appellants in the court a quo was not granted. More
This is a special plea. The plaintiff issued summons against the defendant claiming damages for injuries allegedly sustained by plaintiff at an occasion held at the defendant’s property. The claim is couched as follows:
Wherefore plaintiff claims against the defendant:
(a) The payment of the sum of ZWL$300 001,00 being damages for pain and suffering arising from a slip and fall accident which occurred on 13 March 2019.
(b) The payment of US$2 000,00 or the bank rate equivalent in ZWL, being damages for future medical expenses arising from a slip and fall accident on 13 March 2019.
(c) Interest... More
Plaintiff issued summons claiming the following:-
(1) The payment of the sum of ZWL$3000,0001-00, being damages for pain and suffering arising from a slip and fall accident which occurred on 13 March 2019.
(2) The payment of US2000-00 on the bank rate equivalent in ZWL, being damages for future medical expenses arising from a slip and fall accident which occurred on 13 March 2019.
(3) Interest at the prescribed rate from the date of summons.
(4) Costs of suit. More
The applicant, Auriga Mineral Exploration (Pvt) Ltd, a holder of an Exclusive Prospecting Order Number 1806 (EPO 1806) which it says was issued in 2021 for a three-year period has brought this urgent application for an interdict. The basis is that the first respondent Korzim Strategic Minerals (Pvt) Ltd, has dangerously mined across a road by constructing a tunnel underneath it on the Shamva–Nyagande Road. The Applicant says it detected mining activities in its prospecting area on the 3rd of November 2023 through satellite images and went on an investigative mission to the site. It found dangerous workings on site... More
This is an appeal against the whole of a judgment of the Magistrate Court (the court a quo) dated 29 August 2022, which granted a binding over order to keep the peace in favour of the respondent, and ordered the appellant to keep peace and stay away from Subdivision 3 of Darnaway Farm. More
This is an appeal against a magistrate’s decision dismissing the appellant’s court application for unjust enrichmentmade in terms of Order 22 of the Magistrates Court Rules, 1980. More
The applicant is on trial before the first respondent, charged with criminal abuse of duty as a public officer as defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The definition of the crime was recently amended. The amendments have no bearing on the issues raised by this review since the crime was allegedly committed before the amendments. More
This is an appeal against conviction and sentence. The appellant was convicted of rape as defined in s 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 8 years imprisonment of which 3 years were suspended for 5 years on the usual condition of good behaviour, to leave the effective custodial term of 5 years. More
The appellant was employed by the respondent from 1985 until September 2014 when he was dismissed from employment. He has approached this Court on appeal against the dismissal. More
