This matter was set down as an application for quantification of damages arising from an order of 16 October 2015 where the Labour Court ordered that the labour matter pitting the applicant and the respondent employer be heard de novo at arbitration after it was observed that the arbitral award had been a terse award divorced from the shop floor proceedings in the matter. More
This matter was set down as an application for quantification of damages due to the applicant employee following a labor dispute pitting him and the respondent employer. More
This is an appeal against the sentences imposed on the appellant on a conviction for rape by the regional Magistrates Court siting at Murewa on 29 April 2019. Appellant was granted condonation by the High Court for the late noting of an appeal against sentence only. His application for condonation of his late noting an appeal against conviction was dismissed. More
The applicants allege that they are owners and occupants of the stands identified above. They claim to have bought such stands from one Martin Sibindi and Pilo Kauma or from people who had bought from these two. Martin Sibindi is alleged to have been the owner of the remainder of Lot 12 Tynwald, Harare and he worked with Pilo Kauma in disposing of these. After purchasing the stands, the applicants claim to have taken occupation and developed the stands into the homes which they currently occupy. Martin Sibindi who was slow in effecting developments to the stands was allegedly sued... More
1. This is an appeal against both conviction and sentence.
2. The appellant was convicted on a charge of theft of trust property as defined in section 113 (2) (a) of the Criminal Law ( Codification and Reform ) Act [ Chapter 9:23]
3. He was sentenced to 7 years imprisonment of which 1 year was suspended for 5 years on the usual conditions of good behaviour. A further two years imprisonment was suspended on condition the appellant paid restitution, to leave the effective custodial term as 4 years.
4. It was common cause that the appellant, a cashier in... More
This is an automatic appeal against both conviction and sentence. The appellant in this matter is a male adult who was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 17 September 2012. The charge related to the death of a minor child, Gamuchirai Mvumba who was merely three years old at the time of her demise. As a result, he was sentenced to death. At the hearing, the appeal was dismissed. The reasons for the order are set out hereunder. More
This is an appeal against conviction and sentence. The appellant was convicted of rape as defined in s 65(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. He was sentenced to 17 years imprisonment of which three years was suspended for five years on condition that during that period he does not commit an offence of a sexual nature for which he is sentenced to imprisonment without the option of a fine. More
This is a chamber application for condonation of late filing of a review application. It is opposed. The applicants were dismissed from the defence forces in 2014 in matters involving sexual abuse of junior cadet officers. The first applicant was acquitted by the court martial but subsequently dismissed by a Board of enquiry. The second applicant who was found guilty, was given a sentence other than dismissal before being dismissed by the suitability board. The first applicant would like to seek a review of his late application is condoned on the basis that following his acquittal by the Court Martial,... More
This is an appeal against both conviction and sentence. The appellant was convicted of robbery as defined in s 126(1)(a) as read with subsection (3)(a)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). He was sentenced to 11 years imprisonment of which 3 years imprisonment was suspended for 5 years on the usual conditions of good behavior, to leave the effective custodial sentence of 8 years imprisonment. More
The appellant was convicted of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to five years imprisonment of which two years imprisonment was suspended on condition of future good behavior. His driver’s licence was cancelled. He appeals against both conviction and sentence. More
The appellant in this case is facing a charge of contravening section 3(1) of the Gold Trade Act (Chapter 21:03). The state alleges that on the 15th of June 2020 and at 26 Adair Drive, Killarney, Bulawayo the applicant not being the holder of a licence or permit unlawfully and intentionally possessed 78 melted buttons of gold weighing 2 788,38g. The appellant denies the allegations. More
This is an application for the setting aside of the sale to and cession into the name of the second respondent of rights, title and interest in an immovable property known as No. 5 Gura Way, Marondera. The stand number of the property is described differently in the papers. In the Certificate of Authority to sell the property given by the third respondent, the Master of the High Court, it is described as Stand No. 2503 Chitepo Township Marondera also known as House No. 5 Gura Way Marondera. The valuation reports annexed to the applicant’s papers describe it as Stand... More
Applicant applied to this Court for condonation of a belated quest for review. Respondent opposed the application. He worked for the Respondent as a Bookkeeper. He was charged with misconduct. A hearing was held in his absence. A guilty verdict was returned. The punishment therefor was his dismissal from employment. The termination letter is dated the 8th April 2019. This application for condonation was filed on the 1st October 2019. The intervening period amounts to six (6) months. The Labour Court Rules S.I 150/17 in Rule 20(1) require that a review be brought within twenty-one days from the date proceedings... More
This is an application for the dismissal of a court application for want of prosecution in terms of Rule 236 (3) (b) of the High Court Rules 1971. It is not in dispute that the 1st and 2nd respondents (hereinafter referred to as the respondents) filed a court application under case number HC 3079/20 on 19 June 2020 against the applicant and others seeking a cancellation of certain title deeds. The applicant filed a notice of opposition on 1 July 2020 and served the respondents with the same on 2 July 2020. More
