1. This is an appeal against the decision of the judgment of the Appeal Committee at the workplace. The appellant was charged of 4 and convicted of 2 charges of acts of misconduct in terms of the employment code. A penalty of dismissal was imposed. The appeal is against both conviction and penalty. More
On 21st November 2022, the plaintiff instituted the present summons action in terms of section 14 of the High Court Act [Chapter 07:06], in which he seeks the following declaratory and consequential relief:
a) An order declaring that the 1st Defendant (the Trust) is entitled to subscribe to, and the 2nd Defendant (Zimbabwe Platinum) is obliged to allot to the Trust, ordinary shares in the share capital of Zimbabwe Platinum constituting 10% (ten per centum) of the issued share capital of the Zimbabwe Platinum in terms of clause 3.2 of the ZIMPLATS MHONDORO-NGEZI CHEGUTU ZVIMBA COMMUNITY SHARE OWNERSHIP TRUST MA1315/2011... More
On the 10th July 2020 applicant appeared before me in bail court and motivated his application for bail pending appeal in a robbery conviction and l delivered an ex-tempore ruling. In September the applicant requested written reasons for the judgment and these are they. More
For quite some time now the ownership of stand number 1150 Budiriro I Township, Harare (“the property”), has been immersed in controversy. The plaintiff alleged that he bought the property through Staset Property Maintenance and Service (“the estate agents”), who were the agents of the defendant. On the other hand the defendant denied the alleged sale, let alone knowing the estate agents in question. More
In this matter the applicant seeks an order quashing his conviction on a charge of rape and a further order setting aside the sentence of 10 years imprisonment imposed upon him following the said conviction in the court of the Regional Magistrate, sitting at Bindura on 4 June 2008. More
The five applicants face a charge of contravening section 126 (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) “Armed Robbery.” The allegations are that on 17th June 2020 during the night, the 5th applicant connived with 2nd and 3rd applicants to go to Inyathi some 60 km away to rob complainant. Second and 3rd applicants are members of the Zimbabwe National Army who were deployed to perform COVID 19 duties at Bulawayo Polytechnic. The two soldiers were in full army uniform and armed with Zimbabwe National Army AK 47 rifles. The three drove to Inyathi where they... More
On 25 November 2021 I dismissed the applicants’ application for bail pending trial based on changed circumstances. I gave my reasons for that decision in court.
On 10 December 2021 applicants wrote to the Deputy Registrar requesting reasons for judgment unfortunately the applicants legal practitioners cited a wrong case number. The applicants’ legal practitioner wrote a follow up letter to the Deputy Registrar on 14 January 2022. I was given this record today at 1600 hours for my attention. More
: The three appellants were convicted and sentenced by the Provincial Magistrate sitting at Masvingo on 10 April 2018. They were charged and convicted jointly for contravening section 45(1)(b) of the Parks and Wild Life Act [Cap 20:14] as read with section 128 of the same Act (hereinafter The Act) which relates to keeping, having in possession or selling any live specially protected animal. Each of the appellants after a contested trial was sentenced to 9 years imprisonment. More
What the applicant seeks by way of default judgment is an order removing the 1st respondent as the Executor Dative of the estate of the late Obert Mhere and a raft of other ancillary relief stemming from or associated with such removal. To put matters into perspective a brief background as same can be gathered from a perusal of documents filed of record will suffice. The late Obert Mhere died on 8 January 2007. He was survived by his wife Sinikiwe Mariva and four children namely, Tatenda Mhere (the applicant), Ratidzo Tapiwanashe Mhere, Charles Mhere and Nobert Mhere. His estate... More
In this matter the applicant filed an urgent application seeking the following interim relief:
1. The 1st and 2nd respondents be and are hereby ordered to suspend the execution in any way, of the writ of execution issued under cover of case number HC 3275/17.
2. In the event that 2nd respondent has attached and removed applicant’s property, the 2nd respondent is hereby ordered to release and restore the property to the applicant.
The background of the matter is that the applicant was sued by the 1st respondent in this court and a default judgment was granted against him. It... More
This application was placed before me on 14 July 2022. After perusing the record, a number of issues were of concern to me.
The draft order reads:
“IT IS ORDERED THAT:
1. The application for contempt of Courtis hereby granted.
2. The respondent is and hereby declared to be guilty of contempt of Court.
3. The respondent is and hereby sentenced to 90 days imprisonment the whole of which is suspended on condition that the respondent complies with the order of this Court under HC 5990/21.
4. The Sheriff of the High Court or his Lawful deputy be and hereby... More
: This is an urgent chamber application for interdictory relief. The terms of the provisional order sought are as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms: -
The application be and is hereby granted.
The provisional order issued by this court on ........be and is hereby confirmed.
The offer letters authored by the 3rd and 4th respondents in the first and second respondents’ favour in respect of stands 41625 and 41626 Mount Pleasant be and are hereby set aside.
The agreement... More
This is an application for leave to appeal to the Supreme Court. The test for such application is settled. See Masekesa v Kingdom Financial Holdings SC 18-12 AND Dombodzvuku v CMED SC-31-12.
The background to the matter at hand is that the Labour Court on 14 February 2014 dismissed the applicant’s appeal in a matter which pitted him and the respondent employer. Irked by the dismissal of his appeal the applicant now wants to appeal to the Supreme Court against that 2014 decision. As is trite law it is incumbent upon such an appellant to first seek leave of appeal... More
This is a claim based on the controversial and often emotive delict of adultery. Its controversy stems from the fact that its continued retention on our books has courted support and opposition alike in almost equal measure. Whereas its proponents justify its retention on the basis that it is an important safeguard to the sanctity of marriage and resonates with the nation’s culture and mores, its opponents on the other hand argue that the delict is antiquated and is completely out of sync with the current permissive and liberal society and above all discriminatory and therefore no longer serves any... More
This is an application for condonation and extension of time within which to appeal made in terms of r 43 of the Supreme Court Rules, 2018. It is opposed only by the first respondent who has taken a meritless point in limine that the application is fatally defective for failure to furnish the record of proceedings in the High Court. More
