On 8 May 2006 the first respondent (“Marko”) being assisted by the third respondent (“Richard”) through a power of attorney, approached this court on an urgent basis. He was seeking spoliatory relief against the applicant (“Tawanda”). The Provisional Order was granted by consent. The matter was not set down for confirmation or discharge. More
The applicant was a former employee of the first respondent and left employment following allegations of having stolen specified tools from his employer. He had signed an acknowledgement of debt in which he undertook to pay for the stolen items. Having failed to pay the amount as embodied in the acknowledgment of debt, his employer filed an application in the Magistrate’s court for recovery of the debt. His employer also held on to applicant’s vehicle as security for the debt. More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act as read with Rule 43 of the Labour Court Rules, 2017. Both parties raised preliminary issues at the commencement of the proceedings and the Court reserved judgment stating that it would furnish its reasons. More
It is essential to relate the facts in some detail. Applicant is an engineer by qualification who was employed by the Third Respondent as a Director of Engineering Services. Applicant was suspended from employment in February 2021 on allegations that the quality and quantity of water had deteriorated. Charges were preferred against the Applicant and he was brought before a Disciplinary Committee which found him guilty and recommended his dismissal. Applicant’s appeal did not meet the desired result. More
At the conclusion of this trial the following factors were found to be common cause.
On 27 February 2009, the plaintiff insured three motor vehicles with the defendant under comprehensive cover. The three motor vehicles included a Nissan Double Cabin bearing registration number 699-074 M which was insured for a sum of US$10 000-00 (ten thousand dollars). More
The dispute in this case is centred on intestate succession. The applicants are the offspring of the late Moses Muzonda, who died intestate on 23 September, 1997. Richard John Chimbari of RJC Executor Services (Pvt) Ltd was appointed executor dative of the deceased estate on 12 March, 2004 to wind up the estate which he did via a first and final administration and distribution account on 23 April, 2004, which the Master of this court approved on 20 August, 2004. The estate had only one asset, an immovable property in the form of house number 5694 Unit J, Seke, Chitungwiza.... More
On the 10th of October 2020, the Appellant entered into a 5-year employment contract with the Respondent as an Assistant Project Manager. The contract was supposed to subsist from 10th October 2020 to 30th September 2025. On the 6th of February 2023, the Appellant received a letter of termination of his employment contract from the Respondent. The letter gave the Appellant only two weeks’ notice. On 23rd March 2023, the Appellant through his legal practitioners, wrote in response to the Respondent. He indicated that the notice period was unlawful as it fell short of the 3 months demanded by the... More
This is an urgent chamber application where the Applicant is seeking an order in the interim to the effect that the first to the third respondents be interdicted from advertising and disposing Stand 357 of Willowvale Township of Stand 460 of Willowvale Township situate in the District of Salisbury by private bid auction or any other means pending the finalization of this application. On the return date, the applicant will be seeking an order declaring that the first to third respondents are bound by the contract the applicant entered into with them the effect of which would be that the... More
1. After hearing submissions from the applicant and counsel for the respondent, I delivered an ex tempore judgement dismissing this application for leave to appeal out of time and for a certificate to prosecute the appeal in person. This was on 3 November 2022. More
1. On 16 January 2016 the appellant and one NomoreHakutangwi pleaded guilty to and were convicted of twenty-four counts of theft and thirteen counts of unlawful entry into premises as defined in ss 113 and 131 of the Criminal Law Code respectively.
2. The offences were committed on many given dates between 30 June 2013 and 23 September 2015.
3. The court a quo divided the offences into three groups for the purposes of sentence. It treated the offences in each group as one for the purposes of sentence.
4. Offences committed around the same period were grouped together.
5.... More
MAKONESE J: This matter was placed before me as an Urgent Chamber Application. The application was filed on the 3rd of March 2021.
On the 5th of March 2021 the parties appeared before me in chambers. The matter was argued briefly. It was resolved that it was prudent for the 2nd respondent (Provincial Mining Director Midlands) to investigate the circumstances surrounding the mining dispute and thereafter file a comprehensive report on the matter to guide the court in coming up with a correct decision on the matter. More
This application for contempt of court was made, in terms of r 79 of the High Court Rules, 2021. The respondent is Zimbabwe Revenue Authority (ZIMRA) and Commissioner General of the Zimbabwe Revenue Authority (N.O.). On 5 July 2021, in an appeal under HC (CA) 354/19 (judgment HH 347-21), MUZOFA J in favour of the applicants was granted as follows:
“Accordingly, the appeal is hereby upheld:
The sentence imposed by the court a quo is set aside and substituted as follows:
1. $2000 in default of payment, 10 months’ imprisonment. The 228 boxes of cigarettes are forfeited to the State.... More
On 12th September 2018 the plaintiff issued summons against the defendants in which he claimed the following:-
“(a) An order that the will declared deemed (sic) to have been attested to by the late Anna Musakanda on 31 December 2013 be and is hereby declared null and void on the basis that it was not her intention that her property be distributed as they have been indicated (sic) in that will after her death.
b) An order that the plaintiff be declared the rightful beneficiary of a piece of land known as Lancashire 434 in the district of Charter held... More
This is an appeal against an arbitral award which found in favour of the respondent.
Appellant was employed by the respondent as a gardener since 2003 and was staying at respondent’s premises until November 2012. It was agreed that appellant had last been paid a salary some time in 2005. What was disputed was whether the employment relationship had ceased in 2005. (as alleged by respondent) or in 2012 (as alleged by appellant). The arbitrator found that the employer – employee relationship had ceased in 2005 and that any issue of unlawful dismissal and unpaid wages had consequently fallen away... More
