KABASA J: This is an appeal against a determination made by the Provincial Mining Director for Matebeleland South. The determination filed of record has 15th June 2020 as the date of determination and T. Makaza as the official who made such determination. The notice of appeal however has a different date as the date of the determination and a different name of the official who is said to have made that determination. More
On the day of hearing this matter, I issued an order in the following terms:
“1. The decision of the 2nd Respondent of dismissing the Applicants’ application for recusal in Case No. CRB 12586/15 be and is hereby set aside.
2. That the proceedings in case number CRB 12586/15 commence de novo before another Magistrate.
3. That there be no order as to costs.” More
Applicant filed with this court an application which it styles” Chamber Application” to rectify a defective notice of appeal and reinstatement of the appeal. This application was made following a striking off order of 20 May 2024 where the applicant’s appeal was struck off the roll for the reason that it was in breach of rule 11(a) as amended by Statutory Instrument 3 of 2023. It is the above described application which is the subject of this judgment.
The brief background of the matter is that the employee one Chimuka was dismissed from employment by the applicant employer. More
The applicants’ journey to justice is long and arduous. Their case passed through the hands of not less than six (6) judges of this court. I am the seventh in the queue of judges. As I write this judgment, the case is not coming to finality soon. I am dealing with an interlocutory matter. Two or more judges may deal with the rest of the case. When they will do so will depend on the outcome of this judgment. More
On 27 February 2012 the applicant filed a court application in terms of r 233(3) against the respondent seeking to evict it from number 29 Craster Road, Southerton, Harare. The application was served on the respondent on 28 February 2012. In terms of the rules of court the respondent had ten days within which to respond. The dies inducae expired on 13 March without any response from the respondent. The respondent however filed its notice of opposition a day later on 14 March 2012. More
The plaintiff, an incorporation engaged in the business of selling electrical accessories, computers and wholesale cellular airtime at No. 83 Kaguvi Street, Harare, sued the defendant, a business woman operating a shop with her Nigerian husband at No. 2 Park Street Harare for US$15 000-00 in terms of an acknowledgement of debt signed on 14 January 2011. More
The applicant seeks a review of the decision of the second respondent to cancel Mining license number ‘X’ Mine 47622 issued in the applicants name and for an order of its reinstatement. The draft order to the application was couched as follows-
“IT IS ORDERED THAT:-
1. That the cancellation of Applicant’s Mining Certificate for Shamva ‘X’ Mine Registration number 47622 posted on the Notice Board at Bindura, Mashonaland Central Province, at Ministry of Mines and Mining Development offices on 8 April 2021 be and is hereby set aside and substitute with the following orders. “The Applicant’s Mining Certificate for... More
The applicant was indicted before the High Court on a charge of murder as defined in s 47 of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegation against him was that on 11 April 2017 he caused the death of one Gugu Mkwananzi (the deceased) by striking him with a wooden stool. The applicant pleaded not guilty and a trial ensued. More
The appellant was tried by a regional magistrate sitting at Kadoma Magistrates court on four counts of contravening s 379 of the Mines and Minerals Act [Chapter 21:05] for theft of gold ore. He was acquitted on the first count and convicted on counts two to four. He was sentenced to pay a fine of $9000 in default of payment 1 year imprisonment on each count. An additional 3 years imprisonment was wholly suspended on condition of good behaviour. More
The two matters Spencer’s Creek (Private) Ltd v ZIMNAT General Insurance HC 1801/22 (“HC 1801/22”) and Africa Albida Tourism (Private) Limited and Victoria Falls Safari Lodge Hotel (Private) Limited v ZIMNAT General Insurance HC 1800/22 (“HC 1800/22”) were placed before me one after the other for a further pre-trial conference in terms of r 49(5) of the High Court Rules, 2021. In both matters the plaintiffs claim payment allegedly due to the plaintiff in terms of the insurance contract between the plaintiffs and the defendant. The difference only relates to the amount claimed in that in HC 1801/22 the amount... More
The applicant was employed by the respondent as an environmental health technician. He was charged with three acts of misconduct in terms of the Labour( National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 ( S.I. 15/06). Disciplinary proceedings were conducted against him. He was found guilty of all the three charges. He was penalized with dismissal. He appealed internally but his appeal failed. The applicant was aggrieved by the procedure adopted by the respondent in conducting the disciplinary proceedings hence this application. More
On 12 February 2025 when this matter came up for hearing as an appeal at the instance of the appellant employee against the respondent employer, parties agreed that, judgment be reserved from 24 February 2025, a date by when the appellant would have filed its supplementary heads of argument. It was also agreed to by the parties that, the bar operating against the respondent employer vis late filing of its response be uplifted and that the respondent be allowed to file its response outside the time limits set out by the rules. In the same spirit, parties agreed that the... More
The plaintiff is a female adult and mother to a minor child, namely, Tanaka Thokozani Dhliwayo, who she claimed was fathered by the late Joseph Hlupani Dhliwayo.
The first defendant was a sister to the late Joseph Hlupani Dhliwayo who died on the17 June 2002 at Harare. Upon his death the first defendant was appointed executrix dative of his estate. She was given letters of administration on 17 July 2002.
In pursuance of her duties as executrix dative, the first defendant lodged the first and final distribution account in the estate late Joseph Hlupani Dhliwayo with the Master’s office on... More
On 6 September 2008, at the 283 km peg along the Harare Chirundu road, an ERF vehicle registration number 811-031E driven by the first defendant during the course and scope of his employment with the second defendant collided with the plaintiff’s vehicle, a Freightliner horse registration number AAZ 9473 and trailer registration number ABB 0565. Arising from that collision, the plaintiff issued summons on 18 June 2009 and sought the necessary costs of repairs to its horse in the sum of US$9 751-22, interest thereon and costs. The action is based on the purported negligence of the first defendant. More
