The applicant issued out summons against the respondent in which she claimed payment of US$58 873 or the equivalent in Zimbabwean dollars payable at the prevailing interbank rate on date of payment, interest on the said sum at the prescribed rate and costs of suit on an attorney-client scale. The respondent entered an appearance to defend and subsequently filed her plea. More
The first respondent is the registered owner of an immovable property known as Lot 2 of Lot 20A Waterfalls Induna which is 4195 square metres in extent. On 25 August 2008 the first respondent gave a mandate to the second respondent to dispose of the property on his behalf. The second respondent is a registered estate agent. It seems as if the second respondent already had buyers on its books for a property such as the first respondent had on offer, because on 26 August 2008 an offer was received from the applicant for the purchase of the property. The... More
Applicant approached the court on an urgent basis seeking restoration of custody in terms of s 5 (2) of the Guardianship of Minors Amendment Act of 2022, pending the finalization of the divorce matter under reference HC 4252/21. More
This application was initially set down for 18 June, 2018. It was postponed to 2 July, 2018 at the instance of the applicant. I heard the application on the mentioned date. I delivered an ex tempore judgment in which I dismissed the same with costs. More
On 30 January 2014, Honourable J.T. Mawire issued an arbitral award in terms of which the applicant was ordered to reinstate the respondent without loss of salary and benefits, or pay him damages in lieu of reinstatement. More
This is a court application for direct access brought in terms of s 167(5) of the Constitution of Zimbabwe, 2013 (“the Constitution”) as read with r 21 of the Constitutional Court Rules, 2016 (the Rules). If granted leave, it is the intention of applicant to bring an application under s 85(1) of the Constitution to enforce its fundamental rights under s 61, 64 and 71 of the Constitution. More
The Applicant approached this court seeking an order for the rescission of default judgment entered against it following its former legal practitioners’ failure to file Heads of Argument. More
Two minor children both of whom were/are in primary school and a non-governmental organization which describes itself as Care At The Core of Humanity (“CATCH’) sued the first, second, third and fourth respondents all of whom are government functionaries whom they accused of having discriminated against them when they, as government, introduced radio lessons for primary school children during the Covid 19 pandemic. The minor children and CATCH filed their application under s 85 (1) of the constitution of Zimbabwe. More
On the 1stof August, 2014, the Labour Court (Muzofa J.) issued a judgment in a matter pitting the above parties (StanslousMakusha V Small Enterprises Development Corporation (SEDCO) LC/H/918/2013).
Two preliminary issues had been raised in that matter, to wit; that Appellant was improperly before the court as he had not exhausted internal remedies and that some of the grounds of appeal were actually grounds for review. More
This is an urgent application. This application was first was set down for 20 March 2023. At the commencement of the hearing on 20 March Mr. Chinyoka for the first respondent made an application for a postponement. Counsel submitted that the first respondent was served with a notice of set down without a copy of the chamber application, and requested that the matter be postponed to enable the first respondent to prepare and file a notice of opposition. The request for a postponement was not opposed, it was granted and the matter was then postponed to 30 March 2023 at... More
Two preliminary points were raised in this matter. These were:
1. Whether or not the application before the court is fatally defective in its failure to comply with the rules, and
2. If the application is properly before me, whether or not the court has jurisdiction to hear the application. More
This is an urgent chamber application made ex-parte for attachment to found and confirm jurisdiction in terms of section 15 of the High Court Act and service of summons outside the jurisdiction in terms of Rule 18 of the High Court Rules, 2021. More
On 15th November 2011 the Honourable P Shawatu made an arbitration award. In terms thereof he ordered Appellant to pay Respondent an amount of US$28 783.00 as damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal. Both parties filed extensive Heads Of Argument. They both appeared before the Court led by their counsel. More
