On 10 May 2014 plaintiff and defendant were married in terms of the then Marriage Act [Chapter 5:11], now the Marriages Act [Chapter 5:17]. The marriage was blessed with three minor children, Jayden Chikwature, born on 22 May 2012, Joshua Liam Chikwature, born on 12 January 2017 and Jordan Seth Chikwature, born on 8 November 2019. On 11 January 2022 plaintiff issued out summons claiming a decree of divorce and ancillary relief. In his Declaration, plaintiff stated that the marriage relationship between the parties has irretrievably broken down to the extent that there is no reasonable prospect for the restoration... More
The applicant was arrested for rape on 5 October 2016. He was remanded into custody. He applied for bail pending trial. I reserved judgment. This now is my judgment. More
This is an application for bail pending trial. After the matter was argued I handed down an ex tempore judgment and dismissed the application.
The parties have not requested for written reasons but I decided to avail them nonetheless.
The applicant is 20 years old. He was staying with his father at the relevant time. The deceased was also residing at the same residence as a ‘caretaker’, looking after her cousin’s house. The applicant’s father was a gardener at that house.
On 11th June 2020 the applicant was arrested in Harare on allegations that he had murdered the deceased. It... More
The dispute before me stems from a misunderstanding between the applicant and the first respondent over an agreement signed on 22 May 2018 between the applicant and the government of Zimbabwe represented by the first respondent. The “Memorandum of Agreement” (“the MOA”), which is the subject of this litigation appears on pages 112-127 of the record marked Annexure “F”. The agreement sets out the terms and conditions governing the funding of a bankable feasibility study for the Kondo and Chitowe dams Multi-Purpose Project. In brief, the Kondo and Chitowe dams Multi-Purpose Project is a major water infrastructure initiative on the... More
This is an appeal from the decision of the respondents who dismissed appellant from employment following disciplinary proceedings. An order dismissing the appeal was made. Reasons were to follow. More
On the date of trial the parties agreed to proceed by way of a stated case as they apparently had come to an agreement on the facts that are common cause and relevant for the resolution of the case. More
This matter emanates from an alleged theft by the applicant from OK Supermarket in Kwekwe on 9 August 2011. The Branch Manager of the 1st respondent was informed of the alleged theft on 1 November 2011. He asked the applicant for his report which was submitted to him on 14 November 2011. In that report, the applicant stated that there was a mix-up and that he had been discharged by the Kwekwe police. He attached what purported to be a clearance letter from the Officer-in-Charge Crime. It should be noted that the applicant’s letter is dated 12 November 2011 and... More
Applicant was employed by the respondent as a line worker. Following allegations of misconduct, applicant was charged with misconduct. It was alleged that applicant had been apprehended by members of the public stealing property belonging to the respondent. Applicant was brought before a Disciplinary Committee which convicted him and recommended his dismissal. Applicant appealed against the decision in terms of the respondent’s Code of Conduct. This appeal was unsuccessful. Applicant subsequently filed an appeal with this court on 30 March 2015. This appeal was withdrawn on 22 February 2016. Applicant alleges that the appeal was erroneously filed and in its... More
This is an application for condonation of late noting of an appeal. The facts are that the applicant was charged and found guilty of acts of misconduct. He was charged in terms of the National Employment Code of Conduct S.I. 15/2006. He was found guilty. His appeal at the workplace failed. The respondent advised him that if he was not in agreement with the outcome he could take his matter to a labour officer. He did so. Thereafter the labour officer made his draft ruling and applied to have it confirmed by the Labour Court. The application for confirmation was... More
On 8 May 2006 the first respondent (“Marko”) being assisted by the third respondent (“Richard”) through a power of attorney, approached this court on an urgent basis. He was seeking spoliatory relief against the applicant (“Tawanda”). The Provisional Order was granted by consent. The matter was not set down for confirmation or discharge. More
The applicant was a former employee of the first respondent and left employment following allegations of having stolen specified tools from his employer. He had signed an acknowledgement of debt in which he undertook to pay for the stolen items. Having failed to pay the amount as embodied in the acknowledgment of debt, his employer filed an application in the Magistrate’s court for recovery of the debt. His employer also held on to applicant’s vehicle as security for the debt. More
At the conclusion of this trial the following factors were found to be common cause.
On 27 February 2009, the plaintiff insured three motor vehicles with the defendant under comprehensive cover. The three motor vehicles included a Nissan Double Cabin bearing registration number 699-074 M which was insured for a sum of US$10 000-00 (ten thousand dollars). More
The dispute in this case is centred on intestate succession. The applicants are the offspring of the late Moses Muzonda, who died intestate on 23 September, 1997. Richard John Chimbari of RJC Executor Services (Pvt) Ltd was appointed executor dative of the deceased estate on 12 March, 2004 to wind up the estate which he did via a first and final administration and distribution account on 23 April, 2004, which the Master of this court approved on 20 August, 2004. The estate had only one asset, an immovable property in the form of house number 5694 Unit J, Seke, Chitungwiza.... More
This is an urgent chamber application where the Applicant is seeking an order in the interim to the effect that the first to the third respondents be interdicted from advertising and disposing Stand 357 of Willowvale Township of Stand 460 of Willowvale Township situate in the District of Salisbury by private bid auction or any other means pending the finalization of this application. On the return date, the applicant will be seeking an order declaring that the first to third respondents are bound by the contract the applicant entered into with them the effect of which would be that the... More
1. After hearing submissions from the applicant and counsel for the respondent, I delivered an ex tempore judgement dismissing this application for leave to appeal out of time and for a certificate to prosecute the appeal in person. This was on 3 November 2022. More
