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
Most of the facts are common cause in this case. It is not in dispute that the plaintiff is the registered owner of a motor vehicle, namely, a Mercedes Benz, E320, 2002 model, Engine number 11294931346039, Chasis number WD8211065-2A095026, registration number ADA 9827. More
The applicant and the first respondent are brother and sister. The deceased was their sister. She died on 24 July 2004 at the age of 61. The deceased was single and did not have any children of her own. Following her death a will was duly filed with the master on 24 September 2004 and was duly accepted as the will of the deceased. The first respondent was appointed executor in accordance with the will. In terms of the will the first respondent was appointed the sole beneficiary of the deceased estate. The applicant has filed this application seeking an... More
The parties in this matter married in 2008. They are agreed that their marriage has broken down and that a divorce ought to be granted. Whilst initially three issues were referred to trial, namely custody, maintenance and the sharing of the immovable property, at the time of the trial the parties had resolved issues relating to maintenance and custody of their minor children. On the issue of the immovable property they had also made significant head way in that they were both now agreed that each party has a 50% share in the property known as Stand 3451 Southlea Park... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 10 June 2021. It was placed before me on the 17 June 2021, and I ordered that it be served on the respondents together with a notice of set down for 21st of June 2021. The relief sought by the applicant has been formulated as follows: More
This is an opposed application in which the third defendant took out an exception to the plaintiff’s claim in terms of Order 21 r 137(1)(b) of the High Court Rules 1971 (hereinafter the rules). The application is opposed by the plaintiff only. Mr Deme for the first defendant declined to make submissions in the matter. More
This is an application for rescission of judgment that was entered against the applicants and in favour of the respondent on 19 May 2011 in HC 8604/10. More
