This is an appeal against the decision of the respondent’s Appeals Committee. The Appeals Committee upheld the Disciplinary Committee’s decision to dismiss the appellant from employment after it found him guilty of misconduct. More
On the 29 November 2018 plaintiffs sued out a summons against defendant (council) claiming that on payment of the sum of $1 782.00, the defendant complete the designs for roads, water and sewerage at stands 4475 to 4633 Mbizo 18, Kwekwe, that were allocated to the plaintiffs under an agreement with Carslone; that the defendants enters into sale agreements with each plaintiff for the stands as shown in Survey Diagram for the section 18 Extension; and in the alternative that the defendant pays each plaintiff the sum equivalent to the current value of the stands and the defendant refunds the... More
By way of background to this chamber application it is common cause that the applicant was hired by the second applicant to transport second respondent’s goods from South Africa to Zimbabwe via the Beitbridge border post. Applicant is a company registered according to the laws of South Africa whose address of service is care of 28 Frank Johnson Avenue Eastlea Harare which is the address of its legal practitioners. It is the owner of a Nissan Diesel G300 truck Horse Registration No JB44KVGP with two trailers with the following registration details trailer 2 H2 49BPGP which truck second respondent hired... More
The applicant was convicted by a magistrates court sitting at Mbare on a charge of contravening section 113 (1) (a) and (b) of the Criminal Law (Codification and Reform) Act Chapter 9.23. He took property belonging to the complainant intending to permanently deprive the complainant of her control, possession and ownership of such property or in such circumstances that he realized that there was real risk that the complainant would be permanently deprived of her control, possession and ownership of the property. He was sentenced to 36 months imprisonment with 12 months suspended on conditions of good behaviour and restitution. More
This is an appeal against the whole judgment of the High Court dated 2 June 2019 dismissing the appellant`s claim for defamatory damages suffered by the appellant as a result of an article published by the respondent’s newspaper. More
This is an appeal against a judgment of the Labour Court dismissing the first appellant’s, a labour officer, application for confirmation. The ruling was in favour of the second appellant, a former employee of the respondent, who was dismissed from employment sometime in March 2016 on allegations of certain acts of misconduct including theft and or fraud. More
After hearing parties on 2 November 2021, we handed down our judgment on the appeal ex-tempore. Hereunder appears the judgment.
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dated 9 December 2020 under HH 787/20, dismissing the appellant’s application for a declaratur that he had discharged the judgment debt under HC 2155/20 for the payment of duty in the sum of US$52 483.34 by the payment of an amount of RTGS 1 364 568.14. Aggrieved by the judgment of the court a quo, the appellant filed the present... More
This is an appeal against a judgment of the High Court rendered on 25 January 2017 dismissing with costs a claim by the appellant for damages for defamation arising out of a series of articles published by the respondent’s newspapers. In dismissing the claim the court a quo upheld the defence of qualified privilege pleaded by the respondent to the claim. More
DUBE-BANDA J: This is a bail application pending trial. Applicants are jointly charged with the crime of robbery, as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that: - on the 22nd May 2021, 1stapplicant and 3rd applicant phoned the complainant on the pretext that they had 200grams of gold which they intended to sell to the complainant. On meeting complaint, instead of producing the gold, 3rd applicant grabbed him from behind whilst 2nd applicant stabbed him thrice on the back. 1st applicant stood guard while 1st and 3rd applicant attacked... More
The applicant approached this court seeking to be admitted to bail pending trial. The state opposed the application. The background of the matter is that the applicant is facing allegations of Rape as defined in s 65 (1) of the Criminal Law (Codification and Reform) Act. Firstly in that between 1 and 6 March 2020 near Ndyarima Primary School, Buhera the accused unlawfully and knowingly had sexual intercourse with Mary Nance Madzirerutsa a female juvenile aged 10 years, who at law is incapable of consenting to sexual intercourse. Secondly in that on 7 March 2020, and at Ndyarima Primary School... More
This is an appeal against sentence only against the decision of a Magistrate sitting at Beitbridge on 21st July 2017. The appellant was convicted on his own plea of guilty for contravening section 40 (1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). On the 19th of July 2017 Detectives from the Zimbabwe Republic Police received information that the applicant was in possession of fake ZIMRA stamps. Upon arrival at the appellant’s house, a search was conducted, leading to the recovery of two ZIMRA Bill of Entry stamps, two ZIMRA Export release stamps, one ZIMRA Private Imports stamp,... More
The appellant was tried and found guilty of contravening s 189 (1) (a) as read with s 65 (1) (a) of the Criminal Law (Codification and Reform Act) [Chapter 9:23] attempted rape. He was sentenced to 36 months imprisonment of which 6 months imprisonment were suspended on conditions of good behaviour. More
The applicant approached this court on an urgent chamber application seeking an order that:
INTERIM RELIEF
That pending the final determination of the Applicant’s Court Application for condonation for late noting of notice for review and subsequent Application for Review-
1. The 2nd respondent be and is hereby ordered to stay disbursement of sale proceeds out of the sale of house number 8094 9th Circle, Glen View, Area 8 immediately upon service of this order.
2. The 4th respondent be and is hereby ordered to stop forthwith any occupation process of the house. More
This is an appeal against the determination by the Negotiating Committee finding the Appellant guilty of ‘Sabotage’ in terms of the National Employment Council for the Commercial Sector Code of Conduct (hereafter referred to as “the Code”). More
This is an application for reinstatement of bail pending appeal. This application is not opposed. The applicant and a co-accused were arraigned before the Magistrates’ Court sitting in Gwanda. They were charged with the crime of contravening section 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that on the 15th February 2014, and at Insindi Farm, Gwanda applicant and his co-accused unlawfully stole six cattle, the property of the complainant. Applicant pleaded not guilty to the charge. After a protracted trial applicant was convicted and sentenced to eighteen years imprisonment. More
