The plaintiff issued summons against defendants claiming the following;
“(1) A declaratory order confirming the invalidity of the agreement of sale purportedly entered into by the 1st defendant and plaintiff and signed by the 2nd defendant purportedly on behalf of the plaintiff on the basis that the said agreement is fraudulent, unlawful and illegal in that the said agreement was designed to defraud the Zimbabwean fiscus and the plaintiff.. More
The appellants appeared before a magistrate at Plumtree Magistrates’ Court facing a charge of public violence as defined in section 36 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty but were convicted and sentenced to a fine of $500 or in default of payment 90 days imprisonment for the first appellant and $200 or in default of payment 40 days imprisonment for the second appellant. This appeal is against conviction only. More
This is an opposed application for summary judgment where applicant is seeking the following relief:
“1. Summary judgment in case No. HC 249/2021 be, and it is hereby granted in favour of the applicant and against the respondent.
2. The respondent including all persons whatsoever claiming right of occupation through her be and is hereby ordered to vacate certain piece of land situate in the District of Umtali called the Remainder of Lot C of subdivision D of Dora measuring 85, 7844 hectares within seven (7) days after service of this order upon her.
3. In the event that the... More
The respondent (Luxford Mutopo) is a nephew to the applicant of Ndiya Village Musosomwa Ward 15. Ndiya Village was established and registered in 1936. The Respondent argues that the first village head was his great grandfather, Ndiya, after his death in 1942, Karasa took over who was his younger brother. After the death of Karasa in 1947 Samson Chimhuto followed. After the death of Chimhuto John Kativhu became village head, When Kativhu, died his young brother Michael Nyahunzvi became village head, then after his death in 2017 the respondent came into office. More
Applicant faces a charge of murder. The allegations are that applicant and others threw stones, empty bottles and other missiles at uniformed officers. One of the objects struck Inspector Petros Mutedza and he was pronounced dead on arrival at hospital. On 10 October 2011 he applied for bail pending trial together with his co-accused. The matter was placed before MWAYERA J who dismissed applicant’s application for bail on 20 October 2011 More
The criminal hallmark that accused is presumed innocent till proven guilty is buttressed in the wording of s 117 of the Criminal Procedure and Evidence Act [Cap 9:07]. The notion is that courts should always grant bail pending trial where possible and should lean in favour of the liberty of the accused provided the interest of justice will not be prejudiced. The court is thus required to expeditiously fulfil its function of safe guarding the liberty of the individual while at the same time protecting the interests of justice. The central question in applications for bail pending trial is whether... More
The applicant lodged an application for bail pending trial on allegations of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On 13 April 2021 applicant is alleged to have connived with a co-accused to kill two children. In that after a School Development Committee meeting the applicant took the two children home since they resided in the same area. The applicant met up with the co-accused who was in the bush and killed the two children by inflicting deep cuts in their necks. The applicant and co-accused covered blood stains on the... More
This is an application for condonation of late noting of an appeal. The background to the matter is that appellant who was in the respondent’s employment was charged with acts of misconduct and taken before a disciplinary committee which found him guilty of the misconduct and dismissed him from employment. He lodged his appeals internally without success. He then appealed to the labour court within the time lines set out by the rules but ended up withdrawing that appeal after the employer successfully challenged some of the appeal grounds which he had placed before the court. He is still desirous... More
This is an application for the review of the decision by the Chief Finance Officer in a labour dispute pitting the employee and the respondent employer. The only issue for determination is whether it was wrong for the Chief Finance Officer to preside over an appeal which should have been presided over the Chief Operating Officer in terms of the respondents Code of Conduct. It is not in dispute that notwithstanding the reference to Chief Operating Officer in the Code such office has ceased to function and the Chief Finance Officer occupies the position at the same level with the... More
The facts of the present matter are as follows. The respondent is the former owner of the immovable property which is at the centre of the dispute between the parties. More
On 20 March 2012 the applicant obtained an interim order under case number HC 2350/12 directing the first to fourth respondents to restore him to his quiet and undisturbed possession of Plot 4 Sun Valley Borrowdale, Harare also known as Welson Valley. Aggrieved by the said Order the first and second respondents appealed against the order on the same day. More
Appellant claims that the respondent was put on compulsory leave. It is alleged that during investigations, it was uncovered that respondent was committing another misconduct relating to engaging in work which was in direct conflict with his contract of employment as he was working for another agency. Upon being confronted, and with the possibility of a police report, respondent is said to have opted to resign. A mutual termination is alleged to have been agreed to. Respondent is however said to have left and disappeared till appellant received the notice to attend to conciliation from the Ministry of Labour. More
Applicant approached the court for an order that;
“Respondents return motor vehicles, Toyota Hilux Double Cab, Registration Number ABP 5625 and Toyota Hilux Single Cab, Registration Number ABP 5627 to the Applicant immediately upon service of this order pending finalization of the appeal filed by the Respondents at the Labour Office.” More
In this urgent application, the applicant is seeking a provisional order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms:- More
