This is an appeal against the whole judgment of the High Court (the court a quo) dated 29 November 2023 in which it granted the respondent’s application for the eviction of the appellant from a property known as subdivision C of Lot 6 of Lots 190,191,193,194 and 195 Highlands Estates of Welmoed also known as No 41 Ridgeway North Highlands, Harare, hereinafter referred to as the property. More
When this matter resumed on 16 January 2023, the matter could not be heard. The reason being that counsel for the Plaintiff made an oral application for the recusal of this court. He emphasized then that the reason for the recusal had absolutely nothing to do with this Lordship’s integrity or bias on the Lordship’s part but premised upon first Defendant’s conduct in causing another Lordship to recuse himself, and the Plaintiff had developed a discomfort to have this matter presided over by this Court. The counsels for the first Defendant challenged the application on the basis that they had... More
The parties were married on 5 December 1998 under the then Marriage Act [Chapter 5:11] now [Chapter 5:17].
Plaintiff’s evidence was that he moved out from where he was residing with defendant as he saw no reason to stay, for defendant was adulterous and the two were no longer living as husband and wife.
Defendant on the other refuted the allegation of adultery. She is however agreeable to a decree of divorce being granted. There is only one issue that stands to be resolved namely whether or not Stand Number 6033 Westlea, Harare is matrimonial property. If so how should... More
Plaintiff and defendant were in an unregistered customary law union which has since been dissolved. Plaintiff has proceeded to issue summons for the sharing of property basing the claim on unjust enrichment. Defendant is opposing the claim. More
On Wednesday 2 November 2005 the plaintiff was driving his Mazda 626 motor vehicle when he was involved in an accident at corner Wilson drive and Athlone road with a Nissan Hardbody motor vehicle registration number 696-572 B that was being driven by the defendant’s employee. More
The relief sought in this application is that of a declaratur. The applicant is a former employee of the Sports and Recreation Commission, (hereinafter referred to as the Commission). More
The Respondent (plaintiff in court a quo) purchased 45 bags of 50kg PC 15 cement from N. Richards Rusape sometime in October 2017. The appellant who was employed at N. Richards agreed to look after the cement which the respondent was to collect later. The Respondent sent in One Nyakurima to collect some of the cement leaving a balance of 33 bags. Upon request to collect the outstanding cement the appellant was not forthcoming. The parties ended up convening a meeting with the manager of N. Richards Rusape. The appellant signed an acknowledgement of debt and committed to reimburse the... More
This dispute concerns immovable deceased estate property. Plaintiff is the executor in the estate of her late father Isaac Musarara. Isaac Musarara died on 20 January 1993 at Mazowe. He is survived by his wife and five children. He owned immovable property situated at number 1, 39th Crescent, Warren Part 1, Harare. At the time of his death he leased out this property as he resided in the communal lands. The deceased’s brothers agreed that Lovemore Musarara, deceased’s younger brother supervised this immovable property and generally the deceased’s affairs. In the course of this supervision Lovemore Musarara obtained letters of... More
This is an appeal against the determination of the Acting Chief Executive Officer, sitting as an Appeals Authority dated 11th March, 2024.
FACTUAL BACKGROUND
The Appellant was employed by the Respondent as a cashier. Appellant was suspended on 19th February, 2024. He was later charged with the offence of “Gross Negligence” under S.I 42 of 2022 offence 2.3.1. The Appellant was called for a hearing on the 22nd of February and Appellant was duly acquitted of the charge having been found not guilty. The Respondent appealed against the ruling to the C.E.O who in turn set aside the finding made... More
This court application is brought in terms of Order 32 of the High Court Rules, 1971 (before they were repealed) as read with section 175 (6) and section 85 (1) of the Constitution of Zimbabwe.
Order 32 deals with the procedure for applications. Section 175 (6) of the Constitution provides that; “(6) When deciding a constitutional matter within its jurisdiction a court may—
(a) declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of the inconsistency;
(b) make any order that is just and equitable, including an order limiting the retrospective effect... More
This is an appeal against the decision off the respondent employer’s disciplinary committee which found the appellant employeeguilty of conduct inconsistent with the conditions of her contract in contravention of section 4 (a) of the Model Code. Events leading to the appellant’s dismissal were that during a management and board meeting she shouted obscenities and banged the table thus putting the meeting into disrepute. More
Appellant was employed by the Respondent as a panel beater. Allegations of misconduct were levelled against the Appellant which resulted in him being brought before a Disciplinary Committee. That Committee found Appellant guilty and recommended his dismissal. He appealed to the Appeals Officer. The Appeals Officer upheld the decision of the Disciplinary Committee and dismissed his appeal. Appellant has approached this Court for relief. More
On the 5th April, 2012 I issued a judgment in which
Applicant was awarded back pay and benefits in Zimbabwe dollars (Z$15 220 000 and Z$578 492.00) which amount was to be converted into United States dollars (US$).
On appeal to the Supreme Court, the award was set aside and the matter was remitted to me to consider:
- Whether the amount in Zimbabwe dollars should be converted into foreign currency if so, the rate applicable taking into account the principles of equity enshrined in the Labour Act.
Applicant is of the view that the amounts should be converted into... More
