The applicant was indicted before the High Court on a charge of murder as defined in s 47 of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegation against him was that on 11 April 2017 he caused the death of one Gugu Mkwananzi (the deceased) by striking him with a wooden stool. The applicant pleaded not guilty and a trial ensued. More
The appellant was tried by a regional magistrate sitting at Kadoma Magistrates court on four counts of contravening s 379 of the Mines and Minerals Act [Chapter 21:05] for theft of gold ore. He was acquitted on the first count and convicted on counts two to four. He was sentenced to pay a fine of $9000 in default of payment 1 year imprisonment on each count. An additional 3 years imprisonment was wholly suspended on condition of good behaviour. More
The two matters Spencer’s Creek (Private) Ltd v ZIMNAT General Insurance HC 1801/22 (“HC 1801/22”) and Africa Albida Tourism (Private) Limited and Victoria Falls Safari Lodge Hotel (Private) Limited v ZIMNAT General Insurance HC 1800/22 (“HC 1800/22”) were placed before me one after the other for a further pre-trial conference in terms of r 49(5) of the High Court Rules, 2021. In both matters the plaintiffs claim payment allegedly due to the plaintiff in terms of the insurance contract between the plaintiffs and the defendant. The difference only relates to the amount claimed in that in HC 1801/22 the amount... More
The applicant was employed by the respondent as an environmental health technician. He was charged with three acts of misconduct in terms of the Labour( National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 ( S.I. 15/06). Disciplinary proceedings were conducted against him. He was found guilty of all the three charges. He was penalized with dismissal. He appealed internally but his appeal failed. The applicant was aggrieved by the procedure adopted by the respondent in conducting the disciplinary proceedings hence this application. More
The plaintiff is a female adult and mother to a minor child, namely, Tanaka Thokozani Dhliwayo, who she claimed was fathered by the late Joseph Hlupani Dhliwayo.
The first defendant was a sister to the late Joseph Hlupani Dhliwayo who died on the17 June 2002 at Harare. Upon his death the first defendant was appointed executrix dative of his estate. She was given letters of administration on 17 July 2002.
In pursuance of her duties as executrix dative, the first defendant lodged the first and final distribution account in the estate late Joseph Hlupani Dhliwayo with the Master’s office on... More
On 6 September 2008, at the 283 km peg along the Harare Chirundu road, an ERF vehicle registration number 811-031E driven by the first defendant during the course and scope of his employment with the second defendant collided with the plaintiff’s vehicle, a Freightliner horse registration number AAZ 9473 and trailer registration number ABB 0565. Arising from that collision, the plaintiff issued summons on 18 June 2009 and sought the necessary costs of repairs to its horse in the sum of US$9 751-22, interest thereon and costs. The action is based on the purported negligence of the first defendant. More
This is a claim for damages suffered by the plaintiff as a result of the loss of its motor vehicle and trailer in a road traffic accident. The accident occurred at the 312 kilometre peg along the Harare-Chirundu road on 25 July 2014. The accident happened when the plaintiff’s Freightliner Horse and trailer bearing registration numbers ACQ 4768 and ACQ 9441 respectively, collided with the first defendant’s Volvo truck with registration number ABQ 5008. The first defendant’s motor vehicle was being driven by the second defendant who was acting in the course and scope of his employment with the first... More
In September, 2010 the plaintiff issued summons against the two defendants claiming damages in the sum of US$281 500-00 plus costs of suit. In the declaration, it is averred that: “The first defendant, acting in connivance with the second defendant, wrongfully and intentionally destroyed the plaintiff’s shop on false grounds that it was an illegal structure.” More
This was an urgent chamber application heard over two days, two weeks apart. Issues emerged on the first day of hearing that necessitated an investigation and a report by the third and fourth respondents’ officials. The third and fourth respondents did not oppose the application. They indicated they would abide by any court order issued. More
This trial involves a dispute over who is the registered owner of 5th defendant school (sometimes simply referred to as the school). As crisply put in the issue referred to trial the issue is “Whether or not plaintiff is the registered owner of the school being 5th defendant”. More
This is an application for leave to appeal to the Supreme Court. On the 27 September 2013 I dismissed the appeal by the Applicant who had been challenging the Arbitrator’s finding that an employer could not extend the probation period beyond 3 months pursuant to section 12 (5) of the Labour Act. More
The Respondent was formerly employed by the Appellant as a Driver. He was dismissed from employment on 22 October 2021 following disciplinary proceedings. The charge that had been levelled was that of breach of Schedule 4;3 and 4:10 of the National Employment Council for Welfare and Educational Institutions (NECWEI) Employment Code of Conduct. More
This is an appeal against an arbitral award on quantification of damages. The arbitrator had issued an award on 20 September 2015 ordering reinstatement of the respondent failing which either party could approach the tribunal for quantification. The arbitrator quantified the damages due to the respondent basing on written submissions and oral evidence. More
This is an application for condonation of late filing of an application for review of respondent’s decision declining allocation of land to applicant for the benefit of its members. More
On the 13th December 2018 at Harare, Arbitrator S. Nehowa made an award. She ordered Appellant (employer) to reinstate Respondents (employees) without loss of salary and benefits. Alternatively she ordered the employer to pay the employees damages in amounts either agreed by theparties or quantified by her. The employer then appealed to this Court against the award.
The 1st ground of appeal charged that the Arbitrator made a determination “against a non-legal persona as cited despite a preliminary point having been raised and not disposed on the record by the Tribunal” More
