In 1998, the appellant moved onto stand number 1957 Chinamano Extension in Epworth, with the blessings of one Sophia Jera (“Sophia”), the then registered tenant in respect of the property. Subject to the land being subdivided with the consent of the local authority, he would purchase a portion of the land. He paid a certain sum of money to Sophia for such purchase. The exact amount that he paid was in dispute during the trial and it is not important for the purposes of this appeal that we determine its quantum. In making the payment, the appellant believed that he... More
Respondent was employed by the appellant as an office orderly/clerk when he was charged of contravening schedule 4 of the National Employment Council Welfare and Educational Institutions Code of Conduct (the Code), in particular section 4.23 for having committed sexual harassment. The facts giving rise to the charges were that he was alleged to have sexually harassed some female students by being sexually abusive and improperly associating with them. More
This is an appeal against the decision of the disciplinary authority dated 27 August 2024. Background to the matter is that appellant who was in the respondent’s employment as an operations administrator, was accused of having engaged in conduct which was inconsistent with the dictates of her employment. She was therefore charged with a breach of Section 4(d) of the National Code. Seven accusations were levelled against her but she was acquitted on 4 and found guilty on the remaining three. The guilty verdict on the three resulted in her dismissal from employment. The three counts whish she was found... More
The applicant seeks the following order:-
“IT IS ORDERED THAT
1. The agreement of sale between the applicant and the 4th respondent made and entered into on 30 June 3018 be and is hereby declared lawful and legally binding.
2. The applicant be and is hereby declared to be the lawful holder of fifty percent (50%) shares in Enfield Syndicate the registered holder of seven (7) hectares of Gold Dump Claims in the mining location known as Coronation 2.
3. The 3rd respondent be and is hereby ordered to immediately transfer the fifty percent (50%) shares in Enfield Syndicate from... More
The appellant appealed against the decision of a Magistrate who ordered her to return the cattle, goats and money which had been attached in execution to satisfy a judgment which had been granted in her favour by the Chief’s court. The respondent, who was the appellant in the Magistrate’s court, opposes the appellant’s appeal. More
In a judgment dated the 13th of November 2019 issued under MBR CRB 2580/19, appellant was found guilty of two counts under the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Act) to wit:-
Count 1- theft of trust property as defined in s 113 (2) (d) of the Act in that:-
On the 30th of August 2018 at Tsiga Grounds Mbare Harare, Sarudzai Harry (appellant) in violation of a trust agreement which required her to sell 187 packets of MAQ Surf valued at US$850 on behalf of Juliana Chimutwe (complainant) and to hand over the cash after the... More
The applicant claims the return of the movable property itemized in para a of the interim relief. The applicant has failed to establish ownership of the five trucks and six as itemized. More
On 6 October 2022, an appeal against the judgment of the Magistrates Court sitting at Harare, handed down on 22 June, 2022, under case number 1349/22 was upheld with costs. Reasons for the decision have been requested. These are they. More
The appellant in this matter was convicted of rape as defined in section 65 of the Criminal law Codification and Reform Act (Chapter 9:23). The allegations were that appellant had anal intercourse with the complainant Sabina Dube sometime in June 2017. Appellant was sentenced to 12 years imprisonment with 3 years imprisonment suspended on the usual conditions. More
On 11 February 2010 the plaintiffs herein issued out summons against the four defendants for payment of the sum of US$48 518-50 jointly and severally, the one paying the others to be absolved, interest on the said sum and costs of suit. Only the first and the third defendants entered appearance to defend. The first defendant then filed an exception to the summons and declaration after requesting and being furnished with further particulars. The third defendant has not filed any further pleadings. More
This is an application for absolution of the first defendant from the instance, at the close of the plaintiff’s case. The matter was originally heard as an opposed Court Application. It was then referred to trial, the court having then found that there was a dispute of fact which could not be resolved on the papers without oral evidence being presented to the court. More
The appellant is a former employer of the respondents. On 12 March 2012 the first respondent commenced employment with the appellant as a Human Resources Manager. The second respondent commenced employment with the appellant on 1 March 2012 as an Accounts Manager. The respondents signed written contracts of employment agreeing to serve a probationary period of three months. During that period the notice period for termination of employment was 24 hours. More
At the end of the hearing of this matter, we allowed the appeal with costs. An order as set out hereunder was issued:
1. The appeal be and is hereby allowed with costs.
2. The judgment of the court a quo is set aside and in its place the following is substituted:
(a) The application for summary judgment is dismissed.
(b) The second defendant is given unconditional leave to defend the plaintiff’s claim. More
This is an appeal from Honourable Manase’s decision. The facts show that the respondents were employed by the appellant. Respondents were offered employment which was conditional on their completing their respective probationary periods. After the probationary periods had expired it is alleged that appellant wrote to the respondents informing them that due to unsatisfactory performance during the probation period the appellant was renewing the probation period. The matter was referred to conciliation and finally to arbitration. The arbitrator found in favour of the respondents. Appellant has therefore appealed to this Court. More
The applicant seeks payment of US$ 121 115-00 together with interest at the rate of 20% per annum from 1 July 2011 to the date of full payment, costs on the scale of legal practitioner and client and collection commission to the extent permitted by the Law Society of Zimbabwe by-laws. Its cause of action is based on the acknowledgement of debt and payment arrangement signed by the defendant and witnessed by Richard Kavaza, the applicant’s credit controller on 1 July 2011. The application was filed on 26 August 2011. More
