At the outset of the hearing of this appeal on 18 March 2021, counsel for the respondent, Mr Nyahunzvi, who had not yet filed the respondent’s response raised the issue of the jurisdiction of this court to deal with the matter since the judgment appealed against pertained to proceedings held at Gweru Magistrates Court. Mr Nyahunzvi submitted that the appeal should have been noted at High Court Bulawayo station because that is where Gweru Magistrates Court matters which arise for the High Court determination should be channelled. The appellant in this case was denied bail by the magistrate sitting at... More
This is an appeal against the Judgement of the High Court in interpleader proceedings arising from the attachment of mining equipment carried out by the first respondent (the Sheriff) at Mbada Mine. The second respondent (the judgement creditor) had obtained judgement against Mbada Mine and the Sheriff, having attached certain movables at Mbada Mine, had advertised them for sale. The property attached comprises mining equipment, vehicles and office furniture. The claimants in the court a quo had filed separate interpleader applications which were consolidated and heard together, as the facts, the legal issues and the judgement creditor were the same. More
After hearing argument in this application for summary judgment I granted the application. I gave my reasons in an ex tempore judgment. I have not been asked for written reasons but decided to give them, nonetheless. More
I heard the case which relates to the defendant’s special pleas on 5 June, 2024. I delivered an ex tempore judgment in which I dismissed the special pleas with costs.
On 12 June, 2024 the defendant wrote requesting reasons for my decision. These are they:
The defendant was working for the plaintiff which allocated to him house number BB 146, Maglass Township, Zvishavane (“the property”) as his condition of service. He resigned from work on 13 February, 2013. He, in terms of the plaintiff’s policy, was allowed to remain in the property for ninety (90) days during which period he... More
This is a court application for summary judgment.
Applicants issued and served respondent with a summons commencing action on 2nd March 2017. Upon receipt of summons, respondent entered appearance to defend. It is applicant’s view that the appearance to defend has been done solely for purposes of delaying the inevitable as the respondent has no bona fide defence against the applicant’s claim for his eviction from the company house following the termination of his employment contract. More
The plaintiff sued, the defendant by summons action for 2 claims arising out of 2 separate agreements allegedly entered into between the parties about year 2000. The first claim was for payment of a sum of $420 000-00 in Zimbabwean currency withheld by the defendant as penalty at the termination of a Pension Fund Administration Mandate given to the defendant and, related to that, payment of the sum of $83 127 870 000-00 as damages arising out of the penalty levied by the defendant for the termination of the mandate aforesaid. More
this is a landlord and tenant dispute. Plaintiff entered into a written lease agreement with an entity identified therein as “Treat and Company”, on 1 November 2020. It is not in dispute that an entity named Treat and Company (Pvt) Ltd, the present objector, took occupation of the premises known as Shop Number 5, Rolf Valley Shopping Centre, in Rolf Valley, Harare at a monthly rental of US$2,600.
[7] Plaintiff avers that defendant defaulted in rental payments for the period April to December 2021 accumulating arrears in the sum of US$18,360. Plaintiff instituted present proceedings seeking a recovery of that... More
The plaintiff issued summons against the defendant on 31 November 2009 for the payment of US$37 873-10 arising from the sale and delivery of wheat feed and soya meal during the period extending from 3 July to 15 July 2009. The defendant admitted that payment in the sum claimed was outstanding. It, however, contested the matter on the ground that the plaintiff owed it a sum in excess of the claim by US$29 850-90 arising from overpayments made during the period 2 June to 7 July for the purchase of bulk (loose and not bagged) maize. It counterclaimed for the... More
The applicant was the Attorney-General for the Republic of Zimbabwe up to May 2008 when he was removed from that office.. His removal from office was publicly announced by a notice appearing in the Government Gazette of 16 May 2008. Following this, a letter was dispatched to him by the Chief Secretary to the President and Cabinet on 23 May 2008, informing him of the termination of his services as Attorney-General. More
On 23rd October 2012 the Honourable Y Malama made an arbitration award. In terms thereof she ordered Appellant to pay salary shortfalls for Respondents amounting to a total sum of US$10 408.51. Appellant then appealed to this Court against the award. More
This is an application for rescission of default judgment granted against applicant on 19th of July 2017 in terms of r 63 of this Honourable Court’s Rules 1971 on the basis that the notice of set down for trial was served on applicant’s erstwhile legal practitioners, Mutumbwa Mugabe Legal Practitioners, who went on to renounce agency and never notified applicant of the set down date. More
The appellant is the director and alter ego of Tsapo Plumbing and Construction (Pvt) Ltd. He was charged with the crime of fraud (six counts). After a trial, he was convicted and sentenced to a total of 48 months imprisonment which was suspended on condition of good behaviour restitution and community service.
Dissatisfied, the appellant appealed to this court against both conviction and sentence. The appellant identified the grounds of appeal as falling into two broad categories. In the first category the issue is whether the court a quo erred in finding that the essential elements for the crime of... More
The appellants appeared before a magistrate at Plumtree Magistrates’ Court facing a charge of public violence as defined in section 36 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty but were convicted and sentenced to a fine of $500 or in default of payment 90 days imprisonment for the first appellant and $200 or in default of payment 40 days imprisonment for the second appellant. This appeal is against conviction only. More
This is an opposed application for summary judgment where applicant is seeking the following relief:
“1. Summary judgment in case No. HC 249/2021 be, and it is hereby granted in favour of the applicant and against the respondent.
2. The respondent including all persons whatsoever claiming right of occupation through her be and is hereby ordered to vacate certain piece of land situate in the District of Umtali called the Remainder of Lot C of subdivision D of Dora measuring 85, 7844 hectares within seven (7) days after service of this order upon her.
3. In the event that the... More
The respondent (Luxford Mutopo) is a nephew to the applicant of Ndiya Village Musosomwa Ward 15. Ndiya Village was established and registered in 1936. The Respondent argues that the first village head was his great grandfather, Ndiya, after his death in 1942, Karasa took over who was his younger brother. After the death of Karasa in 1947 Samson Chimhuto followed. After the death of Chimhuto John Kativhu became village head, When Kativhu, died his young brother Michael Nyahunzvi became village head, then after his death in 2017 the respondent came into office. More
