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
This is an appeal against the decision of the High Court granting the respondent leave to proceed with the execution of a judgment that it obtained against the appellant bank which is under judicial liquidation. More
The plaintiff is claiming the payment of US$55,908,185-52 together with interest calculated at the rate of 22% from the date of judgment to the date of payment from all the defendants; jointly and severally: with the qualification that fourth and fifth defendant’s liability be limited to US500,000-00 each. (fourth and fifth defendants provided limited guarantees). More
This is an urgent chamber application for an order interdicting the first and second respondents from carrying on construction of roads or other infrastructure at Stand 21510 Kuwadzana Township of Fauntainbleu. This is also the same relief which is being sought on the return date save that in the terms of the final order sought the relief is being sought pending the finalisation of proceedings instituted separately under Case Numbers HC 1179/20, HC 2149/21 and HC 3425/21. More
Given the fact that the defendants were served with a notice to attend this pre-trial conference hearing about 12 days ago and that they are not in attendance thirty-one minutes after the scheduled hearing time and that there is no cogent explanation for their absence at court, I believe the application for default judgment is quite justifiable. The lackadaisical approach adopted by the defendant cannot be tolerated. More
This is an appeal against a decision of a Magistrate sitting at Kwekwe. After hearing argument we dismissed the appeal with costs. Subsequently the appellant noted an appeal and the Registrar in the process of preparing the appeal record to the Supreme Court placed a note that seemed to be a request for reasons for judgment More
Facts in this matter seem to be common cause save as may be specified. The Applicant and the Respondent are companies duly registered as such in terms of the laws of Zimbabwe. Some time in 2004, the Minister of Lands compulsorily acquired the property known as Lot 1A of Teviotdale, measuring 147,1169 morgen, (hereinafter called “the property”) held under certificate of title number 3873/56 which at the material time belonged to the Applicant. This piece of property was later awarded, through the offer letter, to the Respondent in 2011. The Applicant later approached this court under case number HC 3383/20... More
This is a court application made in terms of s 85 (1) of the Constitution of Zimbabwe (No. 20) Act, 2013 (‘the Constitution’), which section provides for direct access to this Court in the pursuance of the protection of fundamental rights and freedoms as enshrined in Chapter 4 of the Constitution, and also, alternatively, direct access ostensibly motivated pursuant to s 167(5) of the Constitution. More
During their life time, Simon Kubvaruno Nhema (Simon) and his wife Lizie Nhema (Lizzie) were the registered owners of an immovable property known as Lot 5 Sunninghill of Willsgrove, measuring 8,6321 hectares. The property is registered under Deeds of Transfer numbers 2770/85 and 03321/21. Lizzie died in 2005 and Simon died in 2008. The deaths of Simon and Lizzie ignited a wave of appointment of executors, which appointments are the underlying cause of this litigation. On one hand the second respondent contends that on 8 January 2018 and in terms of Letters of Administration number D.R.B.Y. 20/18 he was appointed... More
