This is an appeal against the judgment of the High Court Harare handed down on 21 November 2018 convicting the appellant of murder with actual intent as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the “Act”) and sentencing him to death. The automatic appeal is against the sentence of death. After hearing submissions from counsel for both parties we with their consent dismissed the appellant’s appeal and indicated that reasons would follow in due course. These are they. More
This is an application for review of the Master of the High Court’s decision which was made on 12 October 2005. The applicants cited two grounds for review. Firstly, they submitted that the decision was grossly irregular in that it failed to recognize and uphold the clear intention of the deceased from the document purported to be his will. Secondly, the applicant submitted that the decision rejecting the will was grossly unreasonable. More
This is a civil appeal against a decision of the Magistrates Court sitting at Gweru.
The matter came before the Learned Magistrate as an urgent chamber application for eviction. In the court a quo the respondent herein was the applicant while the appellant herein was the respondent. More
The brief factual background is that the applicant on 6 November, 2013 appeared before a disciplinary committee to answer a charge of failure to follow a lawful instruction issued by his supervisor. He was found guilty and a penalty of dismissal was consequently imposed. On 26 November, 2013 he appealed under the provisions of the relevant code of conduct to the Managing Director. The Managing Director in his determination upheld the decision of the Disciplinary Committee. The next level of appeal under the code was the NEC Appeals Committee. On 21 January 2013 the applicant noted an appeal to that... More
This is an appeal against an award by an arbitrator. After hearing the matter the Learned Arbitrator confirmed the appellant’s dismissal from the respondent’s employ. Aggrieved by that award the appellant appeals to this court on the following grounds:
“1. The arbitrator grossly misdirected himself by concluding that it is legally correct for the respondent to selectively charge an individual for alleged misconduct arising from a collective decision of a board formed in terms of statute. In this case out of six members of the Procurement Committee only three members were charged and others were not, without any reason being... More
The only issue to be decided in this matter is the scale of costs By way of background the employee filed with this court a Notice to withdraw an application which he had filed with this court.
He however did not tender wasted costs. This prompted the employer to invite him to tender costs. Again he did not and this gave rise to the sitting where both parties presented before this court to argue the issue of costs only. The point of departure in the matter is that the employer is calling for punitive costs to be awarded against the... More
Applicant applied to this Court for condonation of a belated appeal. The application was made in terms of Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application. More
The first respondent is the surviving spouse and widow of Josia Tungamirai who died in South Africa on 25th August 2005. Pending the acceptance of a will that the decease had drawn up prior to his death, the first respondent was appointed Curator Bonis of his estate. The second and third applicants are the sons of the deceased from unions with other women, although they were brought up by the first respondent and the deceased. More
Appellant appealed to this Court against his discharge from employment by Respondent. The ground of appeal was worded as follows,
“The decision by respondent to uphold my discharge was misplaced because it was based on a wrong admission of guilty which was made at the behest of the disciplinary committee which misled and pressurised the respondent to admit what he had not done. The admission did not consider the mitigatory issues tendered by the appellant.”
In addition Appellant filed Heads of Argument in support of his appeal. The Heads declaimed thus, More
This is an application for the dismissal of Respondent’s appeal in terms of Rule 19 (3)(a) of this honourable Court’s rules. The appeal was filed on 19 August 2013. The notice of response was filed on 28 August 2013. In terms of Rule 19 Appellant was supposed to file Heads of Argument within fourteen days of receiving the response. This requirement was not complied with. More
This is appeal against an arbitral award in which the arbitral award in which the arbitrator had to determine who the correct respondent was between the cited respondent and a sister company called K M Agribusiness, also known as Caprisun Agricultural Sales (Pvt) Ltd (hereinafter referred to as Caprisun).
The arbitrator found that the appellant had wrongly sued the respondent as his former employer yet his correct former employer was Caprisun and dismissed the claim. More
The appellant is a public prosecutor who among other duties represents the State in bail matters on the authority of the Prosecutor General. He appeared before the Anti-Corruption Court at Harare Magistrates Court charged with criminal abuse of duty as a Public Officer as defined in s 174 (1) (a) of the Criminal Law Codification & Reform Act [Chapter 9:23].On 8 December 2020 he appeared in the High Court representing the State in a bail application filed by certain suspects namely Mussa Taj Abdul, Tapiwa Rudolf Kamhanga and Godfrey Mupamhanga who were facing a multiplicity of robbery in aggravating circumstances... More
We heard this appeal on 21 October, 2015. We delivered an ex tempore judgment in which we allowed the appeal, set aside the sentence of the court a quo and substituted it with a reduced term of imprisonment a portion of which we suspended for a period of time on condition of future good conduct. More
This is a court application for an order for eviction. The facts are that on 8 May 2017 the Master of the High Court acting in terms of s 120 of the Administration of Estates Act [Chapter 6.01] authorized the first respondent Oliver Masomera (in his capacity as the Executor Dative of the Estate Late Joseph Tawurayi Punungwe DR 2910/16) to sell the immovable property described as Stand No. 208 Malvern Township of Lot 1 of Stand 27 Malvern Township of Waterfall Villa of Waterfall also known as House No. 27A Cassino Avenue, Waterfalls, Harare. More
The appellant and one Taurai Tsikudzawo (also sometimes spelt as Tsikuzawo in the record of proceedings) were charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The allegations against them were that on the 7th of December 2010 and at around 2100hrs, the appellant and his co-accused, while pretending to be customers, entered Zemba Store, a shop belonging to one Alex Jomboro (the deceased) at Kandeya Township, Mt Darwin. The deceased was behind the counter when one of the accused persons jumped over the counter and demanded cash from... More
