The applicants are facing charges of armed robbery as defined in section 126 of the Criminal Law Codification and Reform Act (Chapter 9:23). The state alleges that on 11 December 2018 the applicants acting in connivance with eight other persons who are still at large acquired two vehicles which included a Toyota Hilux truck and a Toyota Fan Cargo, registration number ADL 1349 which was being driven by the 5th applicant. The applicants armed themselves with 3 rifles and pistols. The applicants proceeded to Mimosa turn off, along the Zvishavane – Bulawayo highway. The applicants arrived at Camlark Investments where... More
MAWADZE J: In this appeal the appellants have literally thrown the proverbial kitchen sink at the court as it were. All manner of issues have been raised.
The appeal is against both the conviction and the sentence. Both appellants were convicted on their pleas of guilty at Masvingo Magistrates Court on 6 March, 2021 for contravening section 368(2) of the Mines and Minerals, Act [Cap 21:05]. In the street parlance this offence is sometimes referred to as “gold panning”.
Each appellant was sentenced to 2 years imprisonment after a finding was made that there were no special circumstances in the... More
[1] The plaintiff, an individual, sues the defendant, a micro finance company, for payment of US$75 000-00. At trial the plaintiff’s claim reduced to US$63 830-00. The claim is based on two acknowledgements of debt by the defendant in favour of the plaintiff for US$11 500-00 and US$63 500-00 signed on separate occasions. In addition, the plaintiff relies on a certain extract of a resolution by the defendant. In essence this resolution proposed two alternative modes of repayment of the plaintiff’s amounts. More
The four appellants appeared before the court of the magistrate sitting at Chitungwiza facing a charge of contravening s 7 (1) (a) or (b) of the Communal Lands Act [Chapter 20:04] i.e occupying or using communal land without lawful authority. They were unrepresented. More
At the end of hearing argument for both parties the Court dismissed this application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. More
On 10 May 2014 plaintiff and defendant were married in terms of the then Marriage Act [Chapter 5:11], now the Marriages Act [Chapter 5:17]. The marriage was blessed with three minor children, Jayden Chikwature, born on 22 May 2012, Joshua Liam Chikwature, born on 12 January 2017 and Jordan Seth Chikwature, born on 8 November 2019. On 11 January 2022 plaintiff issued out summons claiming a decree of divorce and ancillary relief. In his Declaration, plaintiff stated that the marriage relationship between the parties has irretrievably broken down to the extent that there is no reasonable prospect for the restoration... More
The applicant was arrested for rape on 5 October 2016. He was remanded into custody. He applied for bail pending trial. I reserved judgment. This now is my judgment. More
This is an application for bail pending trial. After the matter was argued I handed down an ex tempore judgment and dismissed the application.
The parties have not requested for written reasons but I decided to avail them nonetheless.
The applicant is 20 years old. He was staying with his father at the relevant time. The deceased was also residing at the same residence as a ‘caretaker’, looking after her cousin’s house. The applicant’s father was a gardener at that house.
On 11th June 2020 the applicant was arrested in Harare on allegations that he had murdered the deceased. It... More
The dispute before me stems from a misunderstanding between the applicant and the first respondent over an agreement signed on 22 May 2018 between the applicant and the government of Zimbabwe represented by the first respondent. The “Memorandum of Agreement” (“the MOA”), which is the subject of this litigation appears on pages 112-127 of the record marked Annexure “F”. The agreement sets out the terms and conditions governing the funding of a bankable feasibility study for the Kondo and Chitowe dams Multi-Purpose Project. In brief, the Kondo and Chitowe dams Multi-Purpose Project is a major water infrastructure initiative on the... More
This is an appeal from the decision of the respondents who dismissed appellant from employment following disciplinary proceedings. An order dismissing the appeal was made. Reasons were to follow. More
On the date of trial the parties agreed to proceed by way of a stated case as they apparently had come to an agreement on the facts that are common cause and relevant for the resolution of the case. More
Parties appeared before an Arbitrator who issued an order in favour of the first respondent on 17 October 2023. Subsequently, the first respondent registered the award as an order of this Court on 3 July 2024 whereby applicants were ordered to pay the respondent the sum of US$29500.00 at 5% interest per annum from 10 January 2023 to the date of full payment. The parties’ immovable property namely Stand No 21795 SEKE T/Ship measuring 226 square metres was declared specially executable. More
This matter emanates from an alleged theft by the applicant from OK Supermarket in Kwekwe on 9 August 2011. The Branch Manager of the 1st respondent was informed of the alleged theft on 1 November 2011. He asked the applicant for his report which was submitted to him on 14 November 2011. In that report, the applicant stated that there was a mix-up and that he had been discharged by the Kwekwe police. He attached what purported to be a clearance letter from the Officer-in-Charge Crime. It should be noted that the applicant’s letter is dated 12 November 2011 and... More
Applicant was employed by the respondent as a line worker. Following allegations of misconduct, applicant was charged with misconduct. It was alleged that applicant had been apprehended by members of the public stealing property belonging to the respondent. Applicant was brought before a Disciplinary Committee which convicted him and recommended his dismissal. Applicant appealed against the decision in terms of the respondent’s Code of Conduct. This appeal was unsuccessful. Applicant subsequently filed an appeal with this court on 30 March 2015. This appeal was withdrawn on 22 February 2016. Applicant alleges that the appeal was erroneously filed and in its... More
This is an application for condonation of late noting of an appeal. The facts are that the applicant was charged and found guilty of acts of misconduct. He was charged in terms of the National Employment Code of Conduct S.I. 15/2006. He was found guilty. His appeal at the workplace failed. The respondent advised him that if he was not in agreement with the outcome he could take his matter to a labour officer. He did so. Thereafter the labour officer made his draft ruling and applied to have it confirmed by the Labour Court. The application for confirmation was... More
