Applicant seeks condonation for the late filing of an application for rescission of judgment entered against him in default by this court on 22 September 2017.
He seeks that order on the following averments. He had left Zimbabwe for the United States of America (“USA”) in 1999and had acquired American citizenship. He has not resided in Zimbabwe since then. When summons were issued on 30 June 2017 he was in Afghanistan. He went back to the USA on 17 October 2017. The summons was served at Carrington Avenue, Paradise Park, Marondera where his estranged wife resides. His wife, Georgina Masike,... More
This is an opposed application wherein the applicant seeks the following relief:
“1. 1st, 2nd , 3rd, 4th and 5thRespondents and all persons claiming occupation through
them on Subdivision B of Sandibloom in Headlands Makoni District in
Manicaland Province be and are hereby interdicted from interfering whatsoever
with applicant’s rights of occupation on the farm. More
The plaintiff and the defendant are husband and wife respectively and they married each other in Harare on 7 March 1990 in terms of the Marriage Act [Cap 5:11]. Prior to that the parties had married traditionally on 21 January 1990 and the same marriage was blessed in church on 28 July 1990. The parties have been married for 22 years. More
The appellants are being charged with fraud as defined in s136 or alternatively, forgery as defined in s137(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Their application for bail pending trial was refused by the magistrates court sitting at Chitungwiza on the basis that
1. The circumstances of the case are such that if convicted, no court can consider a non-custodial sentence in circumstances where, this, coupled with the gravity of the offense is likely to induce applicants not to stand trial.
2. The case against them is strong given that the computer seized from first appellants... More
The plaintiff issued summons against the defendant her husband, seeking a decree of divorce and ancillary relief. The plaintiff and the defendant were married in Zimbabwe on 6 January 2007. They had both left Zimbabwe in 2002 and were living in London in the United Kingdom. They only came back to marry in Zimbabwe as the plaintiff’s parents are still living in Zimbabwe and wanted to attend the wedding. More
This opposed application is an application for leave to appeal against the judgment of this court under HH390/21 wherein this court dismissed an application for absolution from the instance for the second time on the same matter after having done so under the main case HC2036/15. More
This matter was placed before me as an application for review.
The applicant raised a number of procedural irregularities related to his suspension and the constitution of the disciplinary authority. It was also alleged that there was a splitting of charges and that the disciplinary authority was biased.
Where procedural irregularities are alleged, the applicant must not only show that there were procedural irregularities, it must be shown that the procedural irregularities were prejudicial to him. Not all procedural irregularities vitiate proceedings see Nyahumav Barclays SC 67/05. It is also settled that even where procedural irregularities are established they may... More
MOYO J: The plaintiffs in this matter issued summons against the defendant claiming from the defendant a sum of $24 380-00 being a balance due in respect of funds that allegedly plaintiffs invested with the defendant around the month of January 2014. Plaintiffs claim that the investment agreement was mutually agreed between the parties and has since been cancelled by the plaintiffs rendering the balance of the invested sum due to them. They have also claimed costs at an attorney and client scale. More
Appellant was employed by Respondent as its Managing Director. During the course of its business, Respondent entered to into a contract with a company styled PME Power Solutions (India) Ltd referred to as PME. The contract was for the design, supply of equipment, construction and commissioning of five (5) 33/11 KVA substations. An external audit carried out showed that there were irregular payments that had been done. Disciplinary action was recommended against the Appellant. More
This is an appeal against an arbitral award which found that appellant was not owed any salaries or terminal benefits by respondent upon termination of employment. More
On 3 October 2013 the plaintiff was a fee paying passenger aboard a Toyota Hiace, commuter omnibus, registration number ABQ 3761, belonging to the defendant and being driven by Tawanda Madzimbamuto. The commuter omnibus, [hereinafter referred to as the kombi] was involved in a road traffic accident at the National Sports Stadium in Harare resulting in three people losing their lives. The driver of the kombi died on the spot. The plaintiff sustained injuries as a result of the accident. More
This is an application for the rescission of a default judgment granted by this court on 26 March 2014 when the applicant allegedly defaulted court when her appeal against her dismissal from employment had been set down for hearing. More
1. This is an application brought in terms of s 123 (1) (a) (i) of the Criminal Procedure and Evidence Act [ Chapter 9:07] as read with Rule 90 (4) (e) of the High Court Rules, 2021 for the admission of the applicant to bail pending appeal against conviction and sentence. More
This is an urgent chamber application in which a certificate of urgency was issued by a legal practitioner certifying it as urgent. The matter was placed before me through the Chamber Book on 14 February 2012. On the same day I directed that applicant serve all the respondents with a copy of the application in compliance with r 242 (1) of the High Court Rules, 1971. Proof of such service was to be filed to indicate that this directive has been complied with, unless one of the things specified in that rule is shown to exist and the practitioner concerned... More
The applicant was on 16 March, 2016 convicted on his plea of guilty by the magistrate at Chinhoyi for the offence of stock theft as defined in s 114 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
