The plaintiff in this case seeks the delivery of two new Toyota Hilux IMV motor vehicles in terms of an agreement of sale between the parties. In the alternative, it claims damages for breach of contract based on the current market value of the vehicles in the sum of US$107,825.15. The defendant denies having entered into any agreement of sale and avers that the plaintiff engaged the defendant as its agent in sourcing the vehicles from third party suppliers. More
The plaintiff’s declaration reads:-
“1. The plaintiff’s claim is for payment of the balance owing in respect of a running account for various transactions.
2. On or about 07 November 2008, Mr Nhemachena who was the financial
advisor of the defendant drew up two reconciliation (sic) which are
annexed hereto marked “A” and “B”.
3. That the reconciliations so prepared were agreed between the plaintiff and the defendant.
4. In respect of annexure “A” the balance of $32 074.13 was reduced by a
payment of $8 000.00 and in respect of annexure “B” the amount of $30
360.26 was reduced... More
This is an appeal against the entire judgment of the High court (“the court a quo”), wherein it removed the appellant’s matter from the roll in order to pave way for the finalisation of an application filed before the Constitutional Court under case number CCZ 12/22. More
On 14 July 2022, I delivered an ex tempore judgment to the effect that the present application be removed from the roll in order to pave way for the finalisation of the constitutional matter filed before the Constitutional Court under CCZ12/22. The applicant subsequently requested the reasons for the judgment. Consequently, this judgment seeks to advance the reasons therefor. More
Sometime in 2012, the fifth respondent obtained judgment under HC 3331/14 against the first respondent. This was a result of the latter’s failure to pay the balance of USD$116 000 after he sold, on instruction, the fifth respondent’s piece of land in Mount Pleasant. The court ordered the sale in execution of the first respondent’s property known as the remainder of Subdivision C of Lot 6 of Lots 190,191,192,193,194 and 195, Highlands Estate of Welmoed (hereinafter referred to as “the property”). On 18 September 2017, the appellant participated in the Sheriff’s sale by public auction, of the first respondent’s property,... More
The appellant and the respondent executed a written contract on 12 May 2018, in terms of which the appellant was required to perform construction work for the respondent at a total cost of US$36 962.00. The contract stipulated that the respondent was required to pay a deposit of US$10 000 and thereafter pay the balance in instalments of US$ 900.00 per month over 31 months. The respondent duly made her payments in terms of the contract until February 2020 when she advised that she could not pay the money due to ill health. More
This is an appeal against the whole judgment of the High Court sitting at Bulawayo convicting the appellant of murder in contravention of s 47(1)(b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The appellant was sentenced to 10 years imprisonment. More
This application is for an order under the rei vindicatio remedy to recover possession and control of property. Put differently, the applicant seeks respondent’s eviction from the property known as THE REMAINDER of SUBDIVISION C OF LOT 6 OF LOTS 190, 191, 193,194 AND 195 HIGHLANDS ESTATE OF WELMOED also known as 41 RIDGEWAY NORTH HIGHLANDS, HARARE “the property. More
The facts upon which the present application was predicated were given as follows:-
Around May 2020, the applicant said it started noticing illegal mining activity around the claims. Upon investigation it determined that the illegal activities were being sponsored by a local traditional leader, acting Chief Nyamhanza. The applicant reported this to the second respondent’s offices and requested assistance to remove the illegal miners. The respondent in turn sought police assistance and the illegal miners were removed. In April 2022, the illegalities resurfaced. Investigations revealed once more that another local chief called Chief Chimoyo was making attempts to have the... More
: The plaintiff and the defendant were joined in holy matrimony on 21 November 2004 at Harare in terms of the Marriages Act [Cap 5:11].Their marriage still subsists.
Their marriage was blessed with one minor child born on 18 May 2001. More
This is an appeal against the decision of the National Employment Council for the Engineering and Iron and Steel Industry which was issued on the 26 August 2013. The Committee upheld the decisions of the Local Joint Committee. The Local Joint Committee found the respondent guilty of contravening
i) Clause 11 (A) (d) unauthorised absence from work premises for more than five (5) days without a valid excuse.
ii) Clause 11 (B) (a) – reporting late for work without a valid excuse More
This is an appeal against the whole judgment of the Labour Court, handed down on 25 August 2017, confirming a ruling by the fourth respondent, a labour officer that the termination of the employment of the first to third respondents by the appellant was unlawful. In consequence thereof, the appellant was ordered to reinstate the first to third respondents without loss of salary or benefits or, in the alternative, pay damages. More
The plaintiff issued summons against the defendants, jointly and severally, the one paying the others to be absolved for payment of $207 344.16, being the purchase price of equipment purchased by the 1st defendant, represented by the 2nd defendant, which debt the 1st defendant acknowledged verbally and in writing. The claim against the 2nd and 3rd defendants in their personal capacities as directors of 1st defendant is predicated upon the provisions of s318 of the Companies Act [Chapter 24:03], in that, firstly, 2nd defendant personally undertook to liquidate the date from his personal resources. Secondly, 2nd and 3rd defendants acted... More
On the 10th September 2015 the plaintiff sued the defendant for among others:
1. Payment of the sum of US$203 355.88
2. Interest on the above amount at the rate of 22% per annum reckoned from the date each invoice became due and payable to date of payment in full.
3. Collection commission calculated in accordance with by-law 70 of the Law Society of Zimbabwe By-Laws, 1982; and
4. Costs of suit from the defendant on a legal practitioner and client scale. More
The background, relevant to the present proceedings, is that sometime in 2008 the applicants entered into a tribute agreement with the owner of Dodge Mine (the mine) the second respondent represented by the third respondent. The tribute agreement was to run for a period of 3 years. At the time the parties entered into the agreement, there was an understanding that the then tributor Morris Tendayi Nyakudya and Vambe Mills Pvt Ltd would vacate the mine in May 2008. They resisted vacating the mine. The applicants and the respondents then instituted proceedings against them. The dispute was resolved by Patel... More
