At the onset of this appeal the appellant employee sought to amend his relief which he felt he had worked badly. He also sought to have the court impugn what he
styled the belatedly filed Heads of Argument by the respondent employer. It is only these two issues which are addressed by this judgment. More
The appellant appeals against both his conviction and sentence.
In count 1 the appellant was convicted of contravening section 67(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23] (the Criminal Code) which relates to indecent assault. He was sentenced to a fine of $150 or 3 months imprisonment wholly suspended for 5 years on the usual conditions of good behaviour. In count 2 the appellant was convicted of rape as defined in 65(1) of the Criminal Code [Cap 9:23] and sentenced to 16 years imprisonment of which 2 years imprisonment were suspended for 5 years again on the... More
This is an application for an order setting aside respondent’s decision that applicant pays duty in the sum of US$16 335.60 plus ZWL 349 488.03 for missing cases of castle lite beer, lost as a result of an accident.
Briefly, the factual background of this matter is that, applicant, a clearing company, was engaged by a Zambian company to clear a consignment of liquor that was passing through Zimbabwe from South Africa. On 31 July 2021 applicant cleared the consignment.
On 3 August 2021 at around 18:30 hours and at 312km peg along the Harare – Chirundu road, the truck... More
Law is a discipline which has many branches and sub-branches. A party who is suing another must make every effort to make a conscious decision on the branch or sub-branch of the law under which his suit must fall. Where he sues under an incorrect or inapplicable branch or sub-branch of the law and his attention is drawn to the wrong law which he has applied in the suit, he is better advised to re-consider his case than otherwise and, if what has been drawn to his attention has merit, he should withdraw the suit and re-file it under the... More
The plaintiff in this matter is a housing cooperative located in Dzivarasekwa, Harare. It seeks the eviction of the defendant and all his occupants from Stand No. 4356, Tongogara Avenue, Dzivarasekwa 2. It also claims costs on an attorney and client scale. The defendant resists eviction on the ground that he bought the stand from one Salijeni Likukula and that he is the rightful owner of the property. The issues for determination are whether the plaintiff is the owner of the stand and whether the defendant has any lawful right, claim or counterclaim over the property. More
The applicant is employed by the Air Force of Zimbabwe as a pilot and is based at Josiah Tungamirai Airbase at Gweru. He is aged 29 years. He is facing a charge of murder. He denies the allegation. The deceased, Lucy Duve was a legal practitioner during her lifetime. She was employed by a local Non- Governmental Organisation. She was aged 32 years at the time of her demise. The applicant has filed an application for bail pending his trial. The state is opposed to the granting of bail. The applicant first appeared at Gweru High Court Circuit on the... More
At the hearing of this matter I dismissed all the points in limine that the first respondent raised. After hearing the matter on the merits I dismissed the applicants’ application. I have now been asked for the written reasons thereof and these are they. I will start with the points in limine. More
The plaintiff Mugadziwa issued summons out of this court on 19 May 2004 seeking from the defendant $20 million defamatory damages arising from a misconduct letter written by the defendant, Shoko, which was published to officials in the Ministry of Education, Sport and Culture at Kwekwe, the Provincial Education Director for the Midlands Province in Gweru, the Secretary for Education, Sport and Culture and the Secretary for the Public Service Commission in Harare, interest at the prescribed rate from 1st April 2004 to date of payment and costs of suit. The summons was served on the defendant on 25 June... More
This is an appeal against an arbitral award.
The respondent was employed by the appellant as a till operator from 20 August 2010 to 30 June 2013. He claimed he was unfairly dismissed when he was put on leave without pay and returned to find that the respondent had closed the place of business he was operating from. More
1. This is an appeal against the decision of the judgment of the Appeal Committee at the workplace. The appellant was charged of 4 and convicted of 2 charges of acts of misconduct in terms of the employment code. A penalty of dismissal was imposed. The appeal is against both conviction and penalty. More
On 21st November 2022, the plaintiff instituted the present summons action in terms of section 14 of the High Court Act [Chapter 07:06], in which he seeks the following declaratory and consequential relief:
a) An order declaring that the 1st Defendant (the Trust) is entitled to subscribe to, and the 2nd Defendant (Zimbabwe Platinum) is obliged to allot to the Trust, ordinary shares in the share capital of Zimbabwe Platinum constituting 10% (ten per centum) of the issued share capital of the Zimbabwe Platinum in terms of clause 3.2 of the ZIMPLATS MHONDORO-NGEZI CHEGUTU ZVIMBA COMMUNITY SHARE OWNERSHIP TRUST MA1315/2011... More
On the 10th July 2020 applicant appeared before me in bail court and motivated his application for bail pending appeal in a robbery conviction and l delivered an ex-tempore ruling. In September the applicant requested written reasons for the judgment and these are they. More
For quite some time now the ownership of stand number 1150 Budiriro I Township, Harare (“the property”), has been immersed in controversy. The plaintiff alleged that he bought the property through Staset Property Maintenance and Service (“the estate agents”), who were the agents of the defendant. On the other hand the defendant denied the alleged sale, let alone knowing the estate agents in question. More
In this matter the applicant seeks an order quashing his conviction on a charge of rape and a further order setting aside the sentence of 10 years imprisonment imposed upon him following the said conviction in the court of the Regional Magistrate, sitting at Bindura on 4 June 2008. More
The five applicants face a charge of contravening section 126 (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) “Armed Robbery.” The allegations are that on 17th June 2020 during the night, the 5th applicant connived with 2nd and 3rd applicants to go to Inyathi some 60 km away to rob complainant. Second and 3rd applicants are members of the Zimbabwe National Army who were deployed to perform COVID 19 duties at Bulawayo Polytechnic. The two soldiers were in full army uniform and armed with Zimbabwe National Army AK 47 rifles. The three drove to Inyathi where they... More
