This is an application for review where the applicant is seeking the following:
“IT IS ORDERED THAT:
1. The High Court should review the ruling from Rusape Magistrate Court of (sic) granting RTGS 5 0000 against a claim of US$ 50000 dated 26 may 2020.
2. Respondent to pay cost of this application”
The application is opposed more pertinently the first respondent contends that applicant does not allege any procedural irregularity on the part of second respondent’s conduct of proceedings which must be the legal basis for review in terms of s 27 of the High Court Act. More
Appellant instituted summons at Rusape Magistrate Court claiming $5000-00 from the respondent being general damages arising from the alleged unlawful destruction of appellant’s temporary structure constructed at No 7688 without a valid court order as well as for harassing appellant’s wife at the latter’s work place without appellant’s consent. After the issuing out of the summons the appellant served the respondent with various court processes and on 9 April 2019 appellant filed an application for default judgment. Unfortunately on 19 April 2019 the learned magistrate dismissed the application. Unamused by the dismissal the appellant noted an appeal on 16 August... More
This was an application for bail pending appeal. The applicant was convicted in 2015 of two counts of rape of an 11 year old girl to whom he was related as an uncle. He received a sentence of 15 years for each count, with five years suspended on the usual conditions, making his effective sentence 25 years. He successfully applied for condonation of late noting of appeal in August 2018. He then applied for bail pending appeal. I denied him bail on the 5th of November 2018 on account that there were no prospects of success on appeal regarding his... More
On 4 November 2022 Plaintiff sued out summons claiming a decree of divorce and ancillary relief. In the declaration, he stated that the parties solemnized their marriage in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17] at Gweru on 16 April 2010. The marriage was blessed with three minor children –
- Thandi Hove born on 2 September 2010;
- Thabo Hove born on 17 November 2012; and
- Busi Hove born on 23 May 2014. More
The plaintiff started off as thedefendants’ girlfriend. They thereafter had a childRosely Mufaro Maswera born on 12 March 2007 graduating her to his small house. The defendant was old enough to be her father. He was 58 and she was 23 when they had their first child. The defendant was a married man and was at the beginning of the affair staying in Umwisdale where the plaintiff was also staying. The defendant said she knew he was a married man as she used to come to his Umwisdale plot to buy vegetables and to grind her maize at his grinding... More
On the 2nd February 2024 at Harare, Arbitrator S Mudimu issued an award. She ordered appellant (employer) to pay respondent (employee) a sum of $11, 900.00 in respect of arrear salaries and leave pay. Appellant then appealed the award to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
On 16 November 2007, the applicant approached this court on a certificate of urgency and obtained a provisional order compelling the respondent to return to it six fuel pumps and other accessories that it had dismantled and removed on 10 November 2007. The provisional order also restrained the first respondent from removing any further equipment from its business premises pending its confirmation or discharge. More
This is an urgent chamber application for a stay of execution of the order of this court in HC 2773/18 pending the determination of an application to the Supreme Court for condonation and extension of time within which to note an appeal. Such application is filed under SCB 107/20.
The facts leading to this application are that following a divorce order applicant and her husband had their matrimonial home sold so that they could share the net proceeds therefrom. The property was bought by 1st respondent who has since obtained transfer of same. Following disputes relating to the sale in... More
Most of the facts in this matter are common cause. The plaintiff and the defendant entered into a verbal agreement for the services of galvanization of the plaintiff’s gutters by defendant More
This is an appeal against an arbitral award in favour of Respondent. Appellant filed Heads of Argument out of time and Respondent made submissions on this point. Respondent further stated that Appellant was barred in terms of the Rules unless an application for upliftment of the bar was made and granted by the Court. Appellant applied for the upliftment of the bar which was not opposed by Respondent. More
This is an appeal against the decision of the arbitrator. The brief facts of the matter are as follows. The Respondent was employed as a gate guard. He was dismissed from employment and approached the Labour Office. Through conciliation, respondent was reinstated to his position. On reinstatement, he was seconded to perform duties for appellant. Appellant subsequently terminated respondent’s employment contract. The respondent approached the NEC for the Engineering and Iron and Steel Industry for relief. The matter ended up in arbitration and the arbitrator found in favour of the respondent. Appellant is dissatisfied with that decision and has approached... More
On 7 November 2018, applicants obtained, on an urgent and ex parte basis, a provisional order which granted them the following interim relief:
1. That first and second respondents is barred and/or restrained from using in any manner and for whatever purpose, a certified copy of Deed of Transfer 621/2009 issued in lieu of the original on 31 October 2018; and
2. That third respondent is barred and/or restrained from acting on the said certified copy of Deed of Transfer.
The present matter seeks confirmation of the provisional order in the following terms:
1. That third respondent be ordered to... More
The appellant and the first respondent are former husband and wife, their marriage having been dissolved by a decree of divorce issued on 26 November 2019. Their proprietary rights were determined subsequently by judgment of the High Court (“the court a quo”) delivered on 24 July 2023. In that judgment, the court a quo distributed their property, including a farm known as Randhurst Grange Estate situate in the district of Goromonzi measuring 926.5930 hectares (“Machipisa farm”) and a business known as Zororo Energy Private Limited (“Zororo Energy”), which properties form the basis of this appeal, the appellant having appealed against... More
Plaintiff in this matter issued summons against the two defendants claiming . Payment of the sum of $400 000-00 due by 1st and 2nd defendants to the plaintiff being damages arising from the defendant’s wrongful and unlawful conduct which resulted in plaintiff’s minor child who does not have legal capacity being circumcised without the consent of the plaintiffs’ the biological parents.
2. Interest at the prescribed rate of 5% per annum reckoned from the date of summons to date of full payment.” More
