This is an urgent chamber application in which the Applicants seek an interdict restraining the Respondents from evicting them and twenty-eight other farmers from Lion Kopje Farm in the Mashonaland West province. The matter was initially set down for argument on 20 August 2012 but was postponed to 28 August 2012 to enable the Applicants’ legal practitioner to respond to the opposing affidavit which had been filed on the same date. It was also hoped that during the postponement the parties would explore the prospects of a settlement. On 28 August the matter was again postponed to 3 September as... More
The facts of this matter being common cause the counsels agreed to proceed by way of a special case. Consequently, they filed a statement of agreed facts and heads of argument. More
The two cases were heard together because they raised the same constitutional questions for determination. The cases are about the constitutionality of the provisions of the Broadcasting Services Act [Cap. 12:06] (“the Act”) on funding for the provision of public broadcasting services. More
The appellant employer appealed against the decision of the National Employment Council for the Welfare and Educational Institutions Appeals Committee. The NEC had set aside the respondent employee’s dismissal and reinstated him with full pay and benefits to the appellant employer’s employ. It is this appeal which is the subject of this judgment.
The background to the matter is that the employee who was in the appellant’s employ as a hostel aide was brought before the appellant’s disciplinary committee to answer charges of failing to obey lawful instructions and theft of students money in Kapuya hostel. It was said that... More
The appellant was employed by the respondent as an Assistant Branch Manager at its Mvurwi Branch. Following some discrepancies in the handling of a customer’s order the appellant was arrested. The appellant was subsequently brought before a Disciplinary Committee which recommended his dismissal. An appeal to the Appeals Committee did not yield the desired results and the appellant approached this Court for relief. More
The facts that gave rise to this case arose in the financial tumultuous period of August 2008 when hyper-inflation wrecked the Zimbabwean economy. The plaintiff company issued summons out of this court on 24 July 2009 seeking specific performance and in the alternative contractual damages for breach of contract in the sum of US$4 000.00. The action was contested by the defendant company. More
I have before me two applications for rescission of default judgments. At the conclusion of the hearing of this matter the parties requested for a consolidation of cases HC 1342/10 and HC 1343/10. This was so because the cases were anchored on the same subject matter and the relief sought was the same. I granted the application for consolidation. In both applications the applicant seeks the setting aside of default judgments.
In case No. HC 1342/10 the applicant seeks the following relief (as amended):
“IT IS ORDERED THAT:
1. The judgment granted to the first respondent in default in case... More
This is an application for condonation of late noting of an appeal against the decision of the Respondent to dismiss the applicant from employment More
Applicants seek a declaratur and consequential relief in the following effective terms; -
2. “It is declared that the 1st Respondent is required by s 93 (5a) of the Labour Act [ Chapter 28:01] to apply for the confirmation of the draft ruling she made on 7th February 2019.
3. Consequently, the 1st Respondent be and is hereby ordered to do all things necessary in order that she applies for confirmation of the draft ruling she made in a matter between the Applicants and the 3rd Respondent and dated 7 February 2019 in accordance with s 93 (5a) of the... More
After perusing the papers filed with the court and hearing oral submissions from counsel, this Court dismissed the application with no order as to costs and indicated that the reasons for the order would be made available in due course. More
In this action the plaintiff seeks an order compelling the second defendant, in his capacity as the executor of the first defendant, to cede and transfer the first defendant’s rights, title and interest in stand, No. 14424/6 Kuwadzana, Harare (“the property”), into the plaintiff’s name, failing which, the deputy sheriff be authorised to sign all the necessary papers to effect such cession and transfer. The second defendant opposes the grant of the order sought and has filed a counter claim seeking an order to eject the plaintiff from the property. More
The appellants pleaded guilty to contravening s 3 (4) of the Gazetted Land (Consequential Provisions) Act [Chapter 20:28]. Each appellant was sentenced to pay a fine of $50 or in default thereof to undergo 15 days’ imprisonment. More
This is an appeal against the judgment of the High Court of Zimbabwe granting an order for the eviction of the appellants and all other persons claiming occupation through them, from a property known as Share Number 24 of Subdivision A, Portion of Mayfield Estate, also known as Monavale Cluster Homes. More
1. This is a court application made in terms of s 29(1)(a) of the High Court Rules, 2021.
2. The remedy sought is rescission of part of the order granted by this court on 12 April 2022 in the matter of Prosecutor General v Roselyn Dunga, Locadia Chimukosi, Edmore Chipiso, Sharon Kasaru and Edson Allan Zunzanyika HACC 06/22.
3. Case number HACC 06/22 was an ex parte chamber application for an interdict brought in terms of s 40 as read with s 41 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (the Act).
4. The court granted... More
The plaintiff and the defendant were joined in holy matrimony on 9 December 1995 at Chitungwiza, in terms of the Marriage Act, [Chapter 5:11]. The marriage still subsists. More
