This is a court application made in terms of s 85 (1) of the Constitution of Zimbabwe (No. 20) Act, 2013 (‘the Constitution’), which section provides for direct access to this Court in the pursuance of the protection of fundamental rights and freedoms as enshrined in Chapter 4 of the Constitution, and also, alternatively, direct access ostensibly motivated pursuant to s 167(5) of the Constitution. More
During their life time, Simon Kubvaruno Nhema (Simon) and his wife Lizie Nhema (Lizzie) were the registered owners of an immovable property known as Lot 5 Sunninghill of Willsgrove, measuring 8,6321 hectares. The property is registered under Deeds of Transfer numbers 2770/85 and 03321/21. Lizzie died in 2005 and Simon died in 2008. The deaths of Simon and Lizzie ignited a wave of appointment of executors, which appointments are the underlying cause of this litigation. On one hand the second respondent contends that on 8 January 2018 and in terms of Letters of Administration number D.R.B.Y. 20/18 he was appointed... More
[1] This is a court application for a declaratur. The applicant seeks an order couched in the following terms:
i. A declaratur be and is hereby granted that the property known as Lot 5
Sunninghill of Willlsgrove measuring 8, 6321 hectares held under deeds of transfer 332/2021 and 2770/1985 is registered and owned by the Estate Late Simon Kubvoruno
Nhema. More
This is an application wherein the applicant seeks to set aside a sale in execution. The facts of this matter are that applicant’s immovable property namely stand number 131 Douglasdale Township 3 of subdivision 1 of Douglasdale situate in the District of Bulawayo wherein the property was sold by the Sheriff for a sum of $310 000,00 More
Sometime in 2019 the applicant filed an application in the court a quo in terms of rule 359 (8) of the High Court Rules, 1971 wherein he sought the setting aside of the third respondent’s confirmation of a sale of his immovable property in execution of a judgment debt that he owed to the first respondent. The application was dismissed. Dissatisfied by the decision of the court a quo, the applicant filed a notice of appeal under SCB 29/20. However, the notice of appeal was fatally defective because there was no indication whether or not leave to appeal was necessary;... More
On the 15th February 2019 I granted an order on an urgent basis in the following terms:-
“INTERIM RELIEF GRANTED
Pending the final determination of this matter on the return date, the applicants be and are hereby granted the following relief:-
1. The respondent or any of its representatives, upon service of this order, be and is hereby directed to break the seals and allow the applicants to resume trading immediately upon the granting of this order.
2. Failing paragraph (1) above the applicant be and is hereby authorized to break the seals and resume trading.” More
1. This is an urgent chamber application in which the applicant seeks a provisional order staying his criminal trial after the dismissal of his application for a discharge at the close of the State case. The interim relief sought is that 2nd respondent herein be barred from insisting that the applicant proceeds to her defence case under Case No. CRB 824/22.
2. The application is not opposedby the 1st respondent. The 2ndrespondent is cited in his official capacity because of the implementation of the order sought by the applicant, if granted would require him to stop the trial of the... More
The appellant was charged with fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on diverse fifteen occasions at Mutare Bottling Company, 18 Riverside Road, Mutare, appellant and his two co-accused acting in connivance and in association with each other unlawfully made representations to the complainant company by crediting various amounts of money into Ukuzenzele Marketing Enterprises’ complainant credit account purporting that Ukuzenzele had paid such amounts to complainant servicing its debts, intending to deceive complainant More
On the 13th of September 2022, after hearing this matter I gave judgment ex tempore, as follows.
(1) The agreement of sale between the late John Vigo Naested entered into on the 12th of August 2020 in respect of a property known as Lot 18 Gardiner East of Gardiner situated in the district of Goromonzi held under deed of transfer no. 6791/2018 otherwise known as 18 Gardiner Road, Goromonzi be and is hereby cancelled.
(a) The 1st respondent and all those claiming title through it shall vacate the property described in paragraph 1 of this order within a period of... More
At the conclusion of submissions in this application, I immediately pronounced that I was striking this matter off the roll because it was wholly unprocedural. I reserved my ruling on the first respondent’s application for costs de bonis propriis against the law firm representing the applicant, namely C Nhemwa & Associates. I indicated the detailed reasons for striking the matter off the roll would appear in my written judgment. More
The applicant seeks the joinder of the 1st, 2nd and 3rd respondents in proceedings pending before this court under HC 8780/19 (the main application). The application was made in terms of r 87(2)(b) of the High Court Rules, 1971 (the Rules). The relief sought is couched in the draft order as follows:
“IT IS ORDERED THAT:-
1. The Application for Joinder be and is hereby granted.
2. The 1st, 2nd and 3rd Respondents be and are hereby joined as 7th, 8th and 9th Respondents in Case No. HC. 8780/19.
3. That 1st, 2nd and 3rd Respondents each be given ten... More
This is an appeal against an arbitral award made in the following terms:
“1. The applicant (appellant herein) was not constructively dismissed as he voluntarily resigned.
2. The applicant’s claim is therefore dismissed for lack of merit.”
The issue raised by the appellant that should be determined by this court is whether there was constructive dismissal in this case.
According to the appellant the respondent bank made continued employment intolerable. More
The appellant was convicted of indecent assault as defined in section 67 (1) of the Criminal Law Codification and Reform Act Chapter 9.23.
The facts of the matter are that the appellant indecently assaulted the complainant then a 14 year girl by fondling her breasts and touching her thighs. The complainant was a Form 1 pupil at the material time and the appellant was her English teacher. The appellant was sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on the usual conditions and the remaining 24 months was suspended on condition the appellant... More
On the 12th April 2012 the Honourable C Kabasa made an arbitration award. In terms thereof he dismissed Appellant’s claim of unfair dismissal by Respondent. Appellant then appealed to this Court. Her grounds of appeal were as follows,
“The Arbitrator misdirected himself in one or all of the following points of law:
1. In failing to make a correct application of the law relating to prescription of disputes according to Section 94 of the Labour Act (Chapter 28:01) and
2. In failing to give a correct interpretation of section 14 of the Labour Act Chapter 28:01).” More
