The Applicant approached this court seeking an order for the rescission of default judgment entered against it following its former legal practitioners’ failure to file Heads of Argument. More
Two minor children both of whom were/are in primary school and a non-governmental organization which describes itself as Care At The Core of Humanity (“CATCH’) sued the first, second, third and fourth respondents all of whom are government functionaries whom they accused of having discriminated against them when they, as government, introduced radio lessons for primary school children during the Covid 19 pandemic. The minor children and CATCH filed their application under s 85 (1) of the constitution of Zimbabwe. More
On the 1stof August, 2014, the Labour Court (Muzofa J.) issued a judgment in a matter pitting the above parties (StanslousMakusha V Small Enterprises Development Corporation (SEDCO) LC/H/918/2013).
Two preliminary issues had been raised in that matter, to wit; that Appellant was improperly before the court as he had not exhausted internal remedies and that some of the grounds of appeal were actually grounds for review. More
This is an urgent application. This application was first was set down for 20 March 2023. At the commencement of the hearing on 20 March Mr. Chinyoka for the first respondent made an application for a postponement. Counsel submitted that the first respondent was served with a notice of set down without a copy of the chamber application, and requested that the matter be postponed to enable the first respondent to prepare and file a notice of opposition. The request for a postponement was not opposed, it was granted and the matter was then postponed to 30 March 2023 at... More
Two preliminary points were raised in this matter. These were:
1. Whether or not the application before the court is fatally defective in its failure to comply with the rules, and
2. If the application is properly before me, whether or not the court has jurisdiction to hear the application. More
This is an urgent chamber application made ex-parte for attachment to found and confirm jurisdiction in terms of section 15 of the High Court Act and service of summons outside the jurisdiction in terms of Rule 18 of the High Court Rules, 2021. More
On 15th November 2011 the Honourable P Shawatu made an arbitration award. In terms thereof he ordered Appellant to pay Respondent an amount of US$28 783.00 as damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondent opposed the appeal. Both parties filed extensive Heads Of Argument. They both appeared before the Court led by their counsel. More
At the outset of the hearing of this appeal on 18 March 2021, counsel for the respondent, Mr Nyahunzvi, who had not yet filed the respondent’s response raised the issue of the jurisdiction of this court to deal with the matter since the judgment appealed against pertained to proceedings held at Gweru Magistrates Court. Mr Nyahunzvi submitted that the appeal should have been noted at High Court Bulawayo station because that is where Gweru Magistrates Court matters which arise for the High Court determination should be channelled. The appellant in this case was denied bail by the magistrate sitting at... More
This is an appeal against the Judgement of the High Court in interpleader proceedings arising from the attachment of mining equipment carried out by the first respondent (the Sheriff) at Mbada Mine. The second respondent (the judgement creditor) had obtained judgement against Mbada Mine and the Sheriff, having attached certain movables at Mbada Mine, had advertised them for sale. The property attached comprises mining equipment, vehicles and office furniture. The claimants in the court a quo had filed separate interpleader applications which were consolidated and heard together, as the facts, the legal issues and the judgement creditor were the same. More
After hearing argument in this application for summary judgment I granted the application. I gave my reasons in an ex tempore judgment. I have not been asked for written reasons but decided to give them, nonetheless. More
I heard the case which relates to the defendant’s special pleas on 5 June, 2024. I delivered an ex tempore judgment in which I dismissed the special pleas with costs.
On 12 June, 2024 the defendant wrote requesting reasons for my decision. These are they:
The defendant was working for the plaintiff which allocated to him house number BB 146, Maglass Township, Zvishavane (“the property”) as his condition of service. He resigned from work on 13 February, 2013. He, in terms of the plaintiff’s policy, was allowed to remain in the property for ninety (90) days during which period he... More
This is a court application for summary judgment.
Applicants issued and served respondent with a summons commencing action on 2nd March 2017. Upon receipt of summons, respondent entered appearance to defend. It is applicant’s view that the appearance to defend has been done solely for purposes of delaying the inevitable as the respondent has no bona fide defence against the applicant’s claim for his eviction from the company house following the termination of his employment contract. More
The plaintiff sued, the defendant by summons action for 2 claims arising out of 2 separate agreements allegedly entered into between the parties about year 2000. The first claim was for payment of a sum of $420 000-00 in Zimbabwean currency withheld by the defendant as penalty at the termination of a Pension Fund Administration Mandate given to the defendant and, related to that, payment of the sum of $83 127 870 000-00 as damages arising out of the penalty levied by the defendant for the termination of the mandate aforesaid. More
this is a landlord and tenant dispute. Plaintiff entered into a written lease agreement with an entity identified therein as “Treat and Company”, on 1 November 2020. It is not in dispute that an entity named Treat and Company (Pvt) Ltd, the present objector, took occupation of the premises known as Shop Number 5, Rolf Valley Shopping Centre, in Rolf Valley, Harare at a monthly rental of US$2,600.
[7] Plaintiff avers that defendant defaulted in rental payments for the period April to December 2021 accumulating arrears in the sum of US$18,360. Plaintiff instituted present proceedings seeking a recovery of that... More
