The first respondent applied for an interdict under HCH 3126/23 and obtained a default judgment on 4 July 2024. The applicant became aware of the default judgement on 20 July 2024. He has filed this application and another one for rescission of the default judgement under HCH 332/24
The applicant prayed for the order to be stayed pending determination of the rescission appreciation.
The application is opposed by the first respondent who raise two permits in limine namely that the application is not urgent and that it has been overtaken by events. In respect of urgency, I agree with the... More
Law is a discipline which has many branches and sub-branches. A party who is suing another must make every effort to make a conscious decision on the branch or sub-branch of the law under which his suit must fall. Where he sues under an incorrect or inapplicable branch or sub-branch of the law and his attention is drawn to the wrong law which he has applied in the suit, he is better advised to re-consider his case than otherwise and, if what has been drawn to his attention has merit, he should withdraw the suit and re-file it under the... More
The plaintiff in this matter is a housing cooperative located in Dzivarasekwa, Harare. It seeks the eviction of the defendant and all his occupants from Stand No. 4356, Tongogara Avenue, Dzivarasekwa 2. It also claims costs on an attorney and client scale. The defendant resists eviction on the ground that he bought the stand from one Salijeni Likukula and that he is the rightful owner of the property. The issues for determination are whether the plaintiff is the owner of the stand and whether the defendant has any lawful right, claim or counterclaim over the property. More
The applicant is employed by the Air Force of Zimbabwe as a pilot and is based at Josiah Tungamirai Airbase at Gweru. He is aged 29 years. He is facing a charge of murder. He denies the allegation. The deceased, Lucy Duve was a legal practitioner during her lifetime. She was employed by a local Non- Governmental Organisation. She was aged 32 years at the time of her demise. The applicant has filed an application for bail pending his trial. The state is opposed to the granting of bail. The applicant first appeared at Gweru High Court Circuit on the... More
At the hearing of this matter I dismissed all the points in limine that the first respondent raised. After hearing the matter on the merits I dismissed the applicants’ application. I have now been asked for the written reasons thereof and these are they. I will start with the points in limine. More
The plaintiff Mugadziwa issued summons out of this court on 19 May 2004 seeking from the defendant $20 million defamatory damages arising from a misconduct letter written by the defendant, Shoko, which was published to officials in the Ministry of Education, Sport and Culture at Kwekwe, the Provincial Education Director for the Midlands Province in Gweru, the Secretary for Education, Sport and Culture and the Secretary for the Public Service Commission in Harare, interest at the prescribed rate from 1st April 2004 to date of payment and costs of suit. The summons was served on the defendant on 25 June... More
This is an appeal against an arbitral award.
The respondent was employed by the appellant as a till operator from 20 August 2010 to 30 June 2013. He claimed he was unfairly dismissed when he was put on leave without pay and returned to find that the respondent had closed the place of business he was operating from. More
This is an application for the placement of a caveat on a property known as Lot 115 of Lot 26 Lewisam of Lot E Colne Valley Reitfontein (‘the property’). It is common cause that sometime in 2022 the applicant and the first respondent entered into an agreement for the construction of two cluster blocks at the property. A dispute has arisen about the payments allegedly due to the applicant. In consequence thereof, the applicant as plaintiff has in HCH 2797/24 sued out summons against the respondent claiming payments of USD$ 23 461.96 being the total fees for manual labour; USD$6... More
This is an application for an order to declare s 8(1) of the Immigration Act [Chapter 4:02] (“the Act”) inconsistent with s 50 (2) Constitution of Zimbabwe (Amendment No. 20) Act 2013 (“Constitution”) and invalid. It is contended that s 8(1) of the Act is inconsistent with the Constitution in that it authorises an immigration officer to detain a suspect for a period not exceeding fourteen days without judicial oversight thus offending s 50(2) of the Constitution. The applicant anchors his standing on s 85(1)(d) of the Constitution, which allows any person acting in the public interest to approach a... More
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
