Plaintiff and defendant were in an unregistered customary law union which has since been dissolved. Plaintiff has proceeded to issue summons for the sharing of property basing the claim on unjust enrichment. Defendant is opposing the claim. More
On Wednesday 2 November 2005 the plaintiff was driving his Mazda 626 motor vehicle when he was involved in an accident at corner Wilson drive and Athlone road with a Nissan Hardbody motor vehicle registration number 696-572 B that was being driven by the defendant’s employee. More
The relief sought in this application is that of a declaratur. The applicant is a former employee of the Sports and Recreation Commission, (hereinafter referred to as the Commission). More
The Respondent (plaintiff in court a quo) purchased 45 bags of 50kg PC 15 cement from N. Richards Rusape sometime in October 2017. The appellant who was employed at N. Richards agreed to look after the cement which the respondent was to collect later. The Respondent sent in One Nyakurima to collect some of the cement leaving a balance of 33 bags. Upon request to collect the outstanding cement the appellant was not forthcoming. The parties ended up convening a meeting with the manager of N. Richards Rusape. The appellant signed an acknowledgement of debt and committed to reimburse the... More
This dispute concerns immovable deceased estate property. Plaintiff is the executor in the estate of her late father Isaac Musarara. Isaac Musarara died on 20 January 1993 at Mazowe. He is survived by his wife and five children. He owned immovable property situated at number 1, 39th Crescent, Warren Part 1, Harare. At the time of his death he leased out this property as he resided in the communal lands. The deceased’s brothers agreed that Lovemore Musarara, deceased’s younger brother supervised this immovable property and generally the deceased’s affairs. In the course of this supervision Lovemore Musarara obtained letters of... More
This court application is brought in terms of Order 32 of the High Court Rules, 1971 (before they were repealed) as read with section 175 (6) and section 85 (1) of the Constitution of Zimbabwe.
Order 32 deals with the procedure for applications. Section 175 (6) of the Constitution provides that; “(6) When deciding a constitutional matter within its jurisdiction a court may—
(a) declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of the inconsistency;
(b) make any order that is just and equitable, including an order limiting the retrospective effect... More
This is an appeal against the decision off the respondent employer’s disciplinary committee which found the appellant employeeguilty of conduct inconsistent with the conditions of her contract in contravention of section 4 (a) of the Model Code. Events leading to the appellant’s dismissal were that during a management and board meeting she shouted obscenities and banged the table thus putting the meeting into disrepute. More
On the 5th April, 2012 I issued a judgment in which
Applicant was awarded back pay and benefits in Zimbabwe dollars (Z$15 220 000 and Z$578 492.00) which amount was to be converted into United States dollars (US$).
On appeal to the Supreme Court, the award was set aside and the matter was remitted to me to consider:
- Whether the amount in Zimbabwe dollars should be converted into foreign currency if so, the rate applicable taking into account the principles of equity enshrined in the Labour Act.
Applicant is of the view that the amounts should be converted into... More
On 25th January 2012, Applicant filed an application for review by this Court. Her founding affidavit, as amplied by her submissions show, the following facts:
1.
She worked for Respondent as a Handling Supervisor based at Norton.
2.
On 26TH January 2010 she was suspended without pay.
3.
On 27th January 2010 she was charged with misconduct.
4.
On 4th and 11th February 2010 a disciplinary hearing was held.
5.
On 22nd February 2010 she was informed of the outcome of the hearing through a letter of dismissal.
6.
On 1st March 2010 she appealed against her dismissal. More
On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of Zimbabwe African National Union (Patriotic Front) ‘ZANU PF’ for the House of Assembly seat in the constituency of Mbare. The first respondent contested the seat on behalf of the Movement for Democratic Change ‘MDC’. The second respondent was responsible to conduct and supervise the polls. On 30 March, 2008 the first respondent was declared the winner of the seat. More
The applicants appeared in this court praying that this court should grant the order in the Draft Order which states as follows:
“It is ordered that
(1) The respondent shall pay to the first, second, third and fourth applicants by way of salaries and benefits with effect from 9 April and 24 May 2012 respectively, broken down as follows:
TendayiTamanikwa, the sum of US$77 504-93
Frank Tinarwo the sum of US$77 984-93
EmmersonPamire, the sum of US$76 344-93
TendaiMombeshora, the sum of US$69 223-04
(2) The respondent shall pay the costs of this application.” More
This is an application for the placement of the first respondent under Provisional Judicial Management in terms of section 207 as read with section 206 (g) of the Companies Act (Chapter 24:03). More
This application is for an extension of time within which to file a notice of opposition in case number HC 2301/19. The order sought is couched in the following terms:
1. The applicant’s late filing of the notice of opposition be and is hereby condoned.
2. The applicant is hereby required to file and serve its notice of opposition on the 2nd respondent’s court application for review within 48 hours of this order.
3. No order as to costs.
The application is opposed.
During hearing, Mr Sibanda, counsel for the applicant after trying to argue in support of this application,... More
In this matter the applicant filed an urgent chamber application asking for the placement of the 1st respondent in provisional liquidation in terms of section 207 as read with section 206 of the Companies Act Chapter 24:03.
Section 206 provides for circumstances under which a company may be wound up by a court and section 207 provides for how the petition for winding up is presented. Section 206 (g) provides that a company may be wound up by the court if the court is of the opinion that it is just and equitable that the company should be wound up.... More
