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
: Counsel for the applicants withdrew the application after conceding that the order sought had been overtaken by events. The application sought to bar the respondent from conducting Zimbabwe Teachers Association (ZIMTA) national elections which ran from 22 – 25 April 2005 in Victoria Falls. The application was heard on 17 October 2013 well after such elections had taken place. It was incompetent for the court to bar elections which had already been conducted. Thus the concession by applicants counsel was properly made. More
This an application by the defendant, as applicant herein, for amendment of his pleadings in an ongoing matrimonial matter under HC 3490/21. For ease, the parties will simply be referred to herein by the terms plaintiff or defendant save in the order granted. This application is against the backdrop of the following context. The parties are presently embroiled in a divorce trial in which at issue, as a starting point referred to trial, is the standing of a consent paper which the defendant signed. The consent paper gave plaintiff all the property. The defendant later refused to advance it further... More
This is an application for condonation for failure to file an appeal before the appeals board of the Banking undertaking within the prescribed time.
Background
The applicant was charged in terms of a code of conduct. He was found guilty and discharged. In terms of the relevant code of conduct, he had 7 days to note an appeal with the appeals board. He was dismissed on 2 April 2019 and had until 16 April 2019 to file an appeal against the decision. Applicant did not note an appeal. On 27 March 2020, he filed this application for condonation before the... More
This is an appeal against a determination of the General Manager who sat as an appeals authority. The general manager confirmed the determination of the disciplinary hearing committee which found the appellant guilty of gross negligence and ordered his dismissal. More
CHIKOWERO J: Having been denied bail pending trial by the magistrates court sitting at Chegutu, the appellants appealed against that decision in terms of s 121 (1) (b) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the CPEA”) as read with rule 6 (1) of the High Court (Bail) Rules 1971. More
From the facts extracted from the applicant’s founding affidavit filed of record, applicant was allocated Plot 15B Bomhani, Cashel in terms of the land resettlement programme. Respondent was also allocated the identical plot and moved in to practice farming activities on the plot. The applicant filed an application at the Mutare Magistrate Court for an interdict barring Respondent from practising farming on the plot. The application was granted. The respondent appealed against the order. The appeal with the High Court was struck off the roll. The respondent made an application to the Administrative Court which is still pending and also... More
This application before the court is an offshoot of a bill of costs that was taxed by a taxing officer on 16 November 2020 in favour of the respondents. The application was opposed by the first, third and fourth respondents (hereafter referred to as the respondents). The taxed amount is US$10, 122.00. The taxed bill was presented to the applicant’s legal practitioners on the same day of taxation. The applicant claims that he settled the bill by paying the taxed amount in Zimbabwe dollars. Through their legal practitioners of record, the respondents denied that the payment in local currency discharged... More
This application was filed on urgency on 19 March 2021 and was placed before me initially on 24 March 2021. At the hearing it turned out that there was a similar application pending before this court involving the same parties, seeking the same relief under Case number HC 608/21 (the first urgent application.) The first urgent application was filed on 16 March 2021 and was placed before my brother MUSAKWA J who struck it off the roll for applicant’s failure to use the correct form.
At the initial hearing of 24 March 2021, a preliminary point of lis pendens was... More
The Negotiating Committee for the National Employment Council for the Commercial Sectors errored on the facts and law itself, when it upheld the decision of the company (OK Zimbabwe) to dismiss claimant. The claimant did not perform his work in a Dishonest and Unsatisfactory work performance since the said shortage of $45.00 did not occur but the claimant had an overage surplus of $50.00 which was caused by a system error which failed to post his sales (post void) which was beyond his control which was also noticed in Nyasha’s report (One of the employees.) More
