This is an application for leave to appeal to the Supreme Court against my judgment of 18 March 2016 in which I dismissed an application for condonation of late filing of an appeal.
The 189 applicants are former employees of the respondent who were each employed at different times in various capacities. They were retrenched on 30 June 2010 following each applicant signing a retrenchment agreement. Such agreements were duly approved by the Retrenchment Board on 12 July 2010 and each applicant was paid their dues. More
It is not clear who is alleged to have violated the afore-quoted provisions. Was
it the respondent? Further it is not clear how the provisions were allegedly violated. This raised questions about the validity of the Notice of Appeal. The notice is required to have cognizable grounds of appeal. The notice in casu is very vague to say the least. Such notice should not leave the Court to speculate on what it is that the appellant requires to be determined by the Court. It is the duty of the appellant to set out clear, concise and cognizable grounds of appeal.... More
This is an appeal in which the respondent has raised a point in limine. In submissions on behalf of the respondent the point was raised that the appeal is not properly before this Court. This was submitted in view of the initial citation of one of the parties. The respondent submitted that the “Ministry of Home Affairs” is not a competent party because it is not a legal persona. (See Gariya Safaris (Pvt) Ltd v Van Wyke 1996(2) ZLR 246(H).I agree with that submission and the authorities cited. More
The applicant is facing allegations of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The brief allegations being that on 26 March 2021 at Mahachi Village, Chief Musikavanhu Chipinge the accused together with an accomplice her son assaulted the deceased several times on the head and all over the body using an iron bar. The accused persons assaulted the deceased who was selling curtains till he died. The accused suspected that the deceased had stolen their blankets hence they perpetrated the assault on him. The accused then pulled the body of the... More
This is an urgent chamber application for an interdict to, among other things, stop the respondents from using any information or material relating to the applicant’s affairs or business or method of carrying out business or advertisements including referring to any work done by the applicant. More
MHURI J: This is an application for a declaratur and interdict in which the applicant seeks the following, that:
1. the agreement of sale between 1st and 2nd respondent in respect of Stand No. 6688 Rusununguko, Chinhoyi entered into on the 30th June 2020 be declared null and void.
2. the oral agreement of sale in respect of Stand No. 6688, Rusununguko, Chinhoyi between the applicant and 1st respondent be declared valid and binding.
3. first respondent be ordered to sign all the necessary papers and documents for the purposes of effecting cession of Stand No. 6688, Rusununguko, Chinhoyi from... More
In this matter, the applicant is desirous of an order for the eviction of the respondent from its mining claims. In addition, applicant seeks to interdict the respondent from continuing to mine its claims more fully described as Rushingo Dolomite 2, 3, 3A, 4, 5, 6 and 7. Prior to said claims being purchased by the applicant, the claims were mined by the respondent through a tribute agreement which respondent had entered into with Agricultural& Rural Development Authority (ARDA). The tribute agreement expired on the 7th September 1989. ARDA sold the claims to the applicant in 2009 thus giving the... More
The applicant and the first respondent as cited in the heading are duly incorporated companies in terms of the laws of Zimbabwe. The two companies are at logger heads over mining titles and rights to mining claims described as:
a) Rushinga Dolomite 2 Reg No. 37309 BM
b) Rushinga Dolomite 3 Reg No. 37312 BM
c) Rushinga Dolomite 3A Reg No. 37313 BM
d) Rushinga Dolomite 4 Reg No. 37311 BM
e) Rushinga Dolomite 5 Reg No. 37310 BM
f) Rushinga Dolomite 6 Reg No. 37308 BM
g) Rushinga Dolomite 7 Reg No. 37307 BM
The applicant prays for an... More
This is an application for the variation of an order for custody in respect of three minor children. On the 10th of March 2016 this court granted the parties an order for a decree of divorce and other ancillary relief. The respondent was granted custody of the three minor children of the marriage by consent. Applicant was granted reasonable rights of access to the minor children.
Sometime in 2018, the applicant approached the Magistrates’ Court seeking a variation of the custody order. In that application, applicant indicated that respondent was his former wife and that the parties had been divorced... More
On 14 December 2016 the plaintiff issued summons against the defendant, a peregrine, in terms of which it sought to recover the sum of $30 963.95 being the value of a consignment that was consumed by the defendant. It also claimed interest at the prescribed rate and costs of suit. More
Defendant brought an urgent chamber application seeking a provisional order under which the following interim relief is sought.
“1. That the respondent be and is hereby prohibited from suspending the applicant’s
agent’s bond pending the return date of this order.
2. That the respondent be and is hereby prohibited from suspending the applicant’s bond
unless and until the respondent has complied with the provisions under section 3 (2)
as read with section 216A of the Customs and Excise Act [Chapter 23:02].
3. That the respondent be and is hereby prohibited from suspending the applicant’s
Agent’s bond until such time the... More
Applicant who resides in Germany approached this court seeking the appointment of one Pepukai Mabundu as a curator ad litem of Samantha Mercy Muriva (Samantha), born on 14 September 1996. Applicant and 1st Respondent are the biological parents of Samantha. More
The applicant was convicted by a Regional Magistrate at Plumtree of 39 counts of fraud in contravention of section 136 of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant was sentenced to a total of 14 years imprisonment of which 3 years was suspended for 5 years on the usual conditions of future good conduct, a further 5 years was suspended on condition of restitution. Aggrieved and dissatisfied with both conviction and sentence imposed by the court a quo applicant has filed a notice of appeal to this court. The applicant has approached this court seeking bail pending... More
OTC International GmbH (the plaintiff in case number HC 11514/16) (the first respondent herein) issued summons for the recovery of the sum of USD673 146.24. The applicant entered appearance to defend and raised three special pleas and pleaded over on merits. The matter progressed to pretrial conference stage and on the date of the pretrial conference, the applicant did not attend and its plea was struck out and judgment was entered against it in default on 2 March 2018.
The applicant learnt about the default judgment on 5 March 2018. This application is for rescission of that judgment. More
