The appellant was employed by Zvese Zvakanaka! Creative Credit as a Sales Representative. On four occasions the appellant misrepresented to the complainant Creative Credit that some three (3) customers had purchased certain products from the company, when in actual fact the goods were taken by the appellant. Appellant would forge clients’ signatures on the “Application Form” enabling deductions to be effected. More
This is an application simply tilted “Court application”. It is not shown on the face of the application or the founding affidavit what application it is exactly and in terms of what rule of court it is made. It is continuously referred as “court application”. The court has to infer from the totality of the papers and submissions made that it is probably made in terms of order 40 rule 359 (8) being an application for the setting aside of a sale in execution. More
In summary, the facts which culminated in the application in casu are that, the applicant and the respondent entered into an agreement of sale in respect of Stand Number 1244 Good Hope Township of Lot 16 of Good Hope, measuring 2035 square metres. In terms of the agreement, the respondent sold the property to the applicant for US$45 000.00, who paid US$32 500.00 towards the purchase price. The applicant averred that the outstanding sum of US$ 12 500.00 was in the custody of her legal practitioners. It was contended that whenever applicant made a payment towards the purchase price, such... More
This is an application for rescission of judgment. On 18 November 2015 a judgment was issued in default of applicant’s attendance. Service on applicant had been effected by affixing to outer principal door at the address of service of record. On 8 December 2015 the present application was filed. The founding affidavit was deposed to by applicant’s counsel. The notice of response was filed on 7 January 2016. The affidavit of response stated that there is no prayer to the application and it should be dismissed with costs. In response counsel for applicant included a prayer in heads of argument.... More
Respondent is employed by appellant. He approached a Labour Officer alleging that he was unlawfully demoted, was being victimized and that he was owed money in unpaid allowances. The matter was not settled on conciliation and was referred to arbitration. On 30 May 2014 the arbitrator made an award in default of the now appellant’s submissions. On 23 June 2014 appellant noted this appeal. It is not clear from the record if respondent filed a response. Both parties filed heads of argument. More
This is an application for review of an arbitral award in favour of the respondent. Respondent. Respondent was an area manager who was dismissed following proceedings in terms of S.I. 15 of 2006. Respondent had been charged with six counts but was convicted of five. More
This is an appeal against the High Court’s judgment sitting at Bulawayo. The judgment granted the first respondent a provisional order interdicting the appellant and all her employees from conducting all forms of mining on the five disputed claims pending confirmation of the provisional order. More
TSANGA J: This is an application in which the applicant seeks to remove the first and second respondents as executors and testamentary trustees of the estate of the late Ernest Leonard Bulle who died in 1996. He also seeks the revocation of their letters of administration granted by the Master cited herein who is the third respondent. The applicant additionally seeks that the Master appoints two new executors to administer the estate.
2. The parties initially appeared before me for a hearing on the 29th of November 2021. At that hearing, a request was made to postpone the matter in... More
The parties in this matter appeared before me in divorce proceedings.
The brief historical facts are that the parties married each other in terms of the Marriage Act, Chapter 5:11 at Tsholotsho on 17 December 2013. The union produced six (6) children, 2 of whom were still minors at the time divorce proceedings were instituted in August 2017. The marriage relationship became acrimonious with no hope of restoration of a normalcy in it.
I must mention that at the parties’ pre-trial conference before my brother MATHONSI J on 12 February 2018, great progress was made in curtailing the issues in... More
This is a bail application pending trial. The applicant is facing two counts, in count 1 he is charged with the crime of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 24 June 2023 the applicant and his accomplices unlawfully and intentionally threatened the complainant with a fire arm and induced him to relinquish control of his property. In count 2 he is charged with kidnapping as defined in s 93(1)(a) of the Criminal Code. It being alleged that on 24 June 2023 the applicant... More
It is common cause that sometime in March 2005, the defendant purchased Stand No. 239 Glenview Township of Lots 1-548 of Subdivision D of Subdivision A (the property) from one Douglas Nyaude through Graham and Douglas Real Estate. In a case of a double sale, Douglas Nyaude sold the same property to the plaintiff sometime in September 2009. The plaintiff commenced constructing a structure on the property. On 14 November 2014, the defendant filed an application under case number HC 13223/12 seeking a declarator that he was the owner of the property and an order compelling Douglas Nyaunde to transfer... More
A plaintiff is required to plead his /her claim in terms that are lucid, logical and intelligible. A plaintiff must only plead the facta probanda and not the facta probantia. A plaintiff does not need to plead evidence or the law. The defendant is not entitled to an abridged version of the plaintiff’s evidence. The defendant is only entitled to such information as would enable them to respond to plaintiff’s claims. An exception based on the lack of a cause of action in the plaintiff’s claims must establish that there are no facts pleaded that can be sustained even if... More
The applicant appeared before a Magistrate at Bulawayo on the 1st of September 2022 facing 3 counts of rape as defined in section 65 (1) (a) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23) and one count of escape from lawful custody as defined in section 185 (1) (a) of the Criminal Code. Applicant was remanded in custody and is currently incarcerated at Khami Prison awaiting trial. Applicant applies for bail pending trial and contends that he is a suitable candidate for bail. The application is opposed by the state on two principal grounds. The state avers... More
This is an appeal against an arbitral award handed down on 12 February 2016, in terms of which the appellant was ordered to pay the respondents cash in lieu of notice. More
On 3RD September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of the damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
