Applicant faces a charge of murder. The allegations are that applicant and others threw stones, empty bottles and other missiles at uniformed officers. One of the objects struck Inspector Petros Mutedza and he was pronounced dead on arrival at hospital. On 10 October 2011 he applied for bail pending trial together with his co-accused. The matter was placed before MWAYERA J who dismissed applicant’s application for bail on 20 October 2011 More
The criminal hallmark that accused is presumed innocent till proven guilty is buttressed in the wording of s 117 of the Criminal Procedure and Evidence Act [Cap 9:07]. The notion is that courts should always grant bail pending trial where possible and should lean in favour of the liberty of the accused provided the interest of justice will not be prejudiced. The court is thus required to expeditiously fulfil its function of safe guarding the liberty of the individual while at the same time protecting the interests of justice. The central question in applications for bail pending trial is whether... More
The applicant lodged an application for bail pending trial on allegations of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On 13 April 2021 applicant is alleged to have connived with a co-accused to kill two children. In that after a School Development Committee meeting the applicant took the two children home since they resided in the same area. The applicant met up with the co-accused who was in the bush and killed the two children by inflicting deep cuts in their necks. The applicant and co-accused covered blood stains on the... More
This is an application for condonation of late noting of an appeal. The background to the matter is that appellant who was in the respondent’s employment was charged with acts of misconduct and taken before a disciplinary committee which found him guilty of the misconduct and dismissed him from employment. He lodged his appeals internally without success. He then appealed to the labour court within the time lines set out by the rules but ended up withdrawing that appeal after the employer successfully challenged some of the appeal grounds which he had placed before the court. He is still desirous... More
This is an application for the review of the decision by the Chief Finance Officer in a labour dispute pitting the employee and the respondent employer. The only issue for determination is whether it was wrong for the Chief Finance Officer to preside over an appeal which should have been presided over the Chief Operating Officer in terms of the respondents Code of Conduct. It is not in dispute that notwithstanding the reference to Chief Operating Officer in the Code such office has ceased to function and the Chief Finance Officer occupies the position at the same level with the... More
The facts of the present matter are as follows. The respondent is the former owner of the immovable property which is at the centre of the dispute between the parties. More
On 20 March 2012 the applicant obtained an interim order under case number HC 2350/12 directing the first to fourth respondents to restore him to his quiet and undisturbed possession of Plot 4 Sun Valley Borrowdale, Harare also known as Welson Valley. Aggrieved by the said Order the first and second respondents appealed against the order on the same day. More
Appellant claims that the respondent was put on compulsory leave. It is alleged that during investigations, it was uncovered that respondent was committing another misconduct relating to engaging in work which was in direct conflict with his contract of employment as he was working for another agency. Upon being confronted, and with the possibility of a police report, respondent is said to have opted to resign. A mutual termination is alleged to have been agreed to. Respondent is however said to have left and disappeared till appellant received the notice to attend to conciliation from the Ministry of Labour. More
Applicant approached the court for an order that;
“Respondents return motor vehicles, Toyota Hilux Double Cab, Registration Number ABP 5625 and Toyota Hilux Single Cab, Registration Number ABP 5627 to the Applicant immediately upon service of this order pending finalization of the appeal filed by the Respondents at the Labour Office.” More
In this urgent application, the applicant is seeking a provisional order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms:- More
This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honorable Court why a final order should not be made on the following terms: -
i. That 1st respondent levies applicant in terms of the Tariff of Sheriff’s Fees and Charges.
ii. That the fee should be in terms of section 6(1)(a) of SI 195 of 2022 as read with section 6(1)(b)(ii) of the Statutory Instrument.
iii. Costs on a punitive scale against respondent jointly and severally. More
This is an application for rescission of judgment.
On the 21st May 2015, the applicants filed an appeal with this court against a determination of an arbitrator from the National Employment Council for Food and Allied Industries. They were represented by Messrs Maeresera and Partners Legal Practitioners. More
MAKONESE J: The applicant is the Executrix Dative of the late Memory Ngwenya who died on the 18th of July 2021. The late Memory Ngwenya was a prominent business woman owning various immovable properties in Bulawayo. A bitter struggle for the control of these properties and other business concerns has led to a flurry of cases being filed in this court. More
The salient facts upon which this application must be determined are common cause. The applicant is the Executrix Dative of the estate late Memory Ngwenya who passed away on the 18th of July 2021. She was appointed to that office on the 18th of November 2021. During her lifetime, the late Memory Ngwenya had been the sole shareholder and secretary of the 1st respondent company. She was one of the two directors of the 1st respondent. After her demise, there was a Curator Bonis who was appointed by the Master of High Court to prepare a report about her assets. More
