This is an application for amendment of a plea brought in terms of Order 20 r 132 of the High Court Rules, 1971. The applicants seek to amend their plea. More
The plaintiff’s claim against the defendants is for breach of a Facultative Reinsurance Guarantee Agreement by the defendants. It seeks payment from the firstto third defendants in the sums of $ 691 892.21, $345946.12 and $ 518 919.18 respectively.
The plaintiff’s claim is based on the following synopsis. The plaintiff issued a payment guarantee in favour of the Zimbabwe Fertilizer Company Ltd (ZFC) in terms of which ZFC agreed to supply tobacco farmers who were members of the Zimbabwe Progressive Tobacco Farmers’ Union (ZPFTU) with tobacco inputs for the 2011 to 2012 farming season. This was on the understanding that... More
The applicant is seeking to be released on bail pending trial in terms of section 117A (1) of the Criminal Procedure and Evidence Act (Chapter 09:07). He is facing a charge of murder in terms of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). In terms of the form 242, it is alleged that on the 6th of January 2024, the applicant and his brother one Pilate Ndlovu assaulted the deceased Sipho Mpofu with stones and bricks and thereby causing his death. It is common cause that the quarrel with the deceased was over the issue... More
This is an application for condonation for late noting of appeal. The Applicant was found guilty in terms of section 46 (1) (b) of the Public Service Regulations SI 1of 2000 and dismissed from employment with effect 23 October 2011. He received the determination around 20 October 2011. Applicant was enjoined to note his appeal within 21days of receipt of the determination. He only filed this application on 1 June 2012 almost 8months after having knowledge of the determination. More
In this matter I have to exercise the court’s powers to rescind its order. The background facts are as follows:
1. On 2 November, 2016, the applicant filed an application for bail pending appeal following his conviction by the Regional Magistrate Eastern Division on a charge of rape as defined in s 65 (1) of the Criminal Law Codification and Reform Act, [Chapter 9:23]. He was sentenced to 12 years imprisonment with 3 years thereof suspended on the usual conditions of good behaviour. More
This judgment addresses applications for condonation for late filing of applications for review and appeal by 2 employees of Golden Valley Mine namely Shadreck Mkuwu in LC/H/278/23 and Godknows Dube LC/H/277/23. On account of the fact that the matters deal with the same subject and that the relief sought is the same the parties to the matters requested that both matters be consolidated and be decided as a single matter. In the result the court ordered by consent on 19 July 2023 that the 2 matters be consolidated. This judgment therefore addresses the matters in their consolidated form. The parties... More
This judgment addresses applications for condonation for late filing of applications for review and appeal by 2 employees of Golden Valley Mine namely Shadreck Mkuwu in LC/H/278/23 and Godknows Dube LC/H/277/23. On account of the fact that the matters deal with the same subject and that the relief sought is the same the parties to the matters requested that both matters be consolidated and be decided as a single matter. In the result the court ordered by consent on 19 July 2023 that the 2 matters be consolidated. This judgment therefore addresses the matters in their consolidated form. The parties... More
The background facts are that in 1997, the applicants were suspended from work without pay pending an application to the Ministry of Labour for the dismissal from work after they participated in a collective job action. A Labour Relations Officer ordered reinstatement without loss of salary and benefits. The respondent appealed against that decision to a Senior Labour Relations officer. The appeal was successful and the Senior Labour Relations Officer granted permission for the applicants’ dismissal but ordered the respondent to pay applicants their terminal benefits within 15 days of receipt of the determination. The applicants ultimately appealed to the... More
The plaintiff’s pleadings are a mess. They do not comply with the strict requirements of the High Court rules. The face of the summons does not identify the 13 others. The declaration does not do so either. In addition it does not comply with the rules of court. It contains extraneous information and is argumentative in nature. A letter of suspension, three death certificates, a burial order and the Supreme Court judgment SC 66/02 concerning the plaintiff and the second defendant are attached to the declaration. It is in the format of a founding affidavit rather than a declaration. When... More
This urgent chamber application involves a wrangle between two couples. Central to the dispute is a piece of land sold to the applicants by the respondents. I set the matter down for hearing on 16 March 2020. It seemed a settlement was well-nigh possible. I postponed the matter to 18 March 2021 to accord the parties more time to discuss. On 18 March 2021, the parties came back with gloves off. They were all set for legal combat. More
This is a contested action in which the plaintiff seeks damages for defamation in the sum of US$20 000-00, interest thereon from 21 July 2009, being the date on which summons was issued, to the date of payment in full and costs of suit. More
The plaintiff and defendant started living together as husband and wife in terms of customary law in 1988. On 4 June 1993 their union was solemnised in terms of the Marriages Act [Cap 5:11]. The marriage still subsists. More
“ Heads of argument referred to in subrule (2) shall be filed by the respondent’s legal practitioner not more than ten days after the heads of argument of the applicant or excipient, as the case may be, were delivered to the respondent in terms of subrule (1):
Provided that- More
The appellants were employed by the respondent as security guards until their dismissal in 2021 when they instituted unfair dismissal claims with the National Employment Council for the Medical and Allied Industry. The appellants claimed that the respondent erred in directing them to join an outsourced company and terminating their contracts on notice. The dispute was presided over and determined by an N.E.C designated agent who ruled that the respondent pay to each appellant USD 11 084 or its equivalent in Zimbabwe currency plus costs. The ruling of the designated agent was not complied with. More
