This is an urgent chamber application wherein applicant is seeking that a provisional order be granted on the following terms:
“that the first respondent or any person acting on behalf of first and second respondents be and is hereby interdicted from disputing, stopping or occupying SCRAI A Acturus, without any lawful authority or a Court Order or until the finalization of the appeal presently before the first respondent.” More
The first respondent approached the court a quo by way of an application seeking an interdict against the appellant and the second respondent barring them from entering its farm in Arcturus, Goromonzi and from laying any rights to a certain mining claim situated thereon. The first respondent also sought an order that the appellant and the second respondent stop all mining operations at the mining claim. In its founding affidavit deposed to by one Morrison Bimbi, the first respondent averred as follows: It was the owner of a certain piece of land called the remainder of Lot 4 of the... More
The applicant approached this court on an urgent basis seeking the relief for leave to execute judgment pending appeal. In particular, the draft order for the applicant reads as follows:
“1. Application for leave to execute an order pending appeal is hereby granted;
2. The order granted in the applicant’s favour under HC 6560/21 shall be operational pending determination of 1st respondent’s appeal in SC 460/21;
and
3. The 1st respondent shall bear costs of suit on attorney-client scale.”
I will start by giving the summary of the case. On 24 November 2021, the applicant obtained, before this court, provisional... More
This judgment on the merits is a sequel to SDC Ltd v Commissioner General-Zimbabwe Revenue Authority HH 648/18, which dismissed all the preliminary points raised by the appellant in this appeal. The real questions for determination in this appeal are firstly, whether the Organisation for Economic Cooperation and Development Transfer Pricing Guidelines for Multi-National Enterprises and Tax Administrations (OECD TPGs) were applicable in Zimbabwe during the 2009 to 2012 tax years, secondly whether the respondent Commissioner lawfully applied the general anti-avoidance provision (GAAP), s 98 of the Income Tax Act [Chapter 23:06] against the appellant by imputing royalties for the... More
This judgment deals with ten preliminary points in respect of the applicability of s 98 of the Income Tax Act [Chapter 23:06] general anti-avoidance provisions, GAAP, that were raised by the appellant against the additional assessments issued against the appellant by the respondent on 22 July 2015 for the tax years 2009 to 2012. More
This is an application made in terms of Order 33 r 256 of the High Court Rules, for review, of the first defendant’s decision. The applicant sought an order on the following terms:
1. The ruling by first respondent allowing third respondent to mine on applicant’s mining location known as Dulana 45, registration number 21483, be and is hereby set aside. More
The applicant has been charged with 4 counts of armed robbery as defined in s 126 (1) (a) of the Criminal Law Codification and Reform Act. The allegations are as detailed in the form 242 wherein it is alleged that he and his co-accused persons are alleged to have
i. On the 24 July 2020 around 2220hrs robbed a family at 40 Longfords Street Queensdale Harare whilst armed with a shot gun and pistols and stole cash in the sum of US$1473-00 a Samsung cellphone with an Econet line/indicated a Huawei YG cellphone Sonny Ericsson cell phone and various other... More
[1] This is an appeal against the whole judgment of the Magistrates Court sitting at Harare convicting the appellant of 13 counts of robbery committed in aggravating circumstances as defined in s126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). The appellant was sentenced to a total 52 years imprisonment of which 8 years were suspended on the usual conditions of good behavior. A further six years imprisonment was suspended on condition of payment of restitution to leave an effective imprisonment term of 38 years in the event that restitution were paid in full. More
This is an application for review by the applicant. The basis for the application is that the respondent company hastily concluded negotiations pertaining to his exit from his job to the extent that he felt that he was coerced into accepting the final settlement which saw him exiting the respondent company .It is therefore his prayer that this court directs the respondent company to renegotiate his exit package. More
This is an application for reinstatement of an application for quantification of damages. Preliminary issues were raised on behalf of the respondent before the main application could be argued. More
This judgment is in respect of an application for review (LC/H/REV/75/19 and an appeal (LC/H/170/19) filed by the applicant/appellant on the 7th August, 2019.
Respondents raised preliminary issues in respect of both and it is these, that this judgment addresses.
Applicant was employed as headmaster under the 2nd respondent and was based at Chibara Primary School. More
The applicant is a Zimbabwean citizen and the holder of a Zimbabwean passport issued in 2000. The passport expired on 18 June 2010. Since then he has been attempting to renew it without success.
The second respondent is the Registrar General of Citizenship whose office is responsible for the issuing and renewal of passports. More
This matter was heard on 24 March 2011. On 31 March 2011 this court issued an order in the following terms:
“IT IS DECLARED THAT:
1. The applicant is a citizen of Zimbabwe by birth in terms of section 5 of the Constitution of Zimbabwe.
2. The provisions of section 9(7) of the Citizenship of Zimbabwe Act, Chapter 4:01 insofar as it relates to citizenship by birth, are ultra vires the powers the powers vested in the Parliament of Zimbabwe in terms of section 9 of the Constitution of Zimbabwe and are in consequence of no force and effect. More
This is an application for condonation to enable the applicant to file its appeal against the decision of the labour officer out of time.
The respondent raised a preliminary point and argued that the new Amendment Act No. 5/2015 does not allow for the procedure adopted by the applicant. The new provisions do not provide for an appeal against the decision of a labour officer nor for an application to the Labour Court. It was argued that the Labour Court is a creature of statute and cannot do anything outside the four corners of the parent Act. The Labour Act... More
In considering this matter of insurance, I kept reminding myself of the words of R.H Christie, in Business law in Zimbabwe, (Juta and company Limited, 1998, 2016 edition at page 221), as follows,
“ The object of insurance is to protect people from financial disaster. They buy this protection by the payment of a moderate price in exchange for a promise to pay an agreed amount if or when the disaster occurs. The seller of this protection is known as the insurer, the buyer the insured (or assured in life insurance), the price is known as the premium and the... More
