On 12 December 2005, the respondent issued summons out of the magistrates’ court at Harare claiming division of certain property and costs of suit. In the claim the respondent alleged that she was in an unregistered customary union with the appellant which has since dissolved. She further alleged that during the subsistence of the union, she and the appellant jointly acquired certain movable property which she listed in an annexure to the summons. She averred that it would be just and equitable for the property so listed to be distributed as between the parties. More
On 31 July 2018 a notification from the Sheriff was served upon the applicant informing him that his immovable property known as 265 Hopely Township of Subdivision C of Hopely measuring 1925 square metres registered in the applicant’s name had been sold to the highest bidder Trueness Mutamire for $50 000.00. The applicant proceeded to file an application for objection to the confirmation of sale in terms of Rule 359 (1) (b) of the High Court Rules. At the hearing of the objection on 18 September 2018 the applicant referred to 2 valuation reports that were attached to the application... More
This is an appeal against the determination of the Appeals Officer appointed in terms of the Old Mutual Code of Conduct, which determination upheld the conviction of the appellant on misconduct charges levelled against him, and the consequent penalty of dismissal. More
This is a claim fordelictual damages arising out of a road traffic accident that occurred on 3 February 2012. The facts of this case are largely common cause.The defendant’s vehicle a Nissan 1800 collided with plaintiff’s Opel Corsa at the intersection of Vincent Avenue and Blackway Drive, Belvedere, Harare. The plaintiff’s vehicle sustained damages totalling US3 324.00. The defendant paid an admission of guilt fine. The defendant’s insurer paid a total of USD 1 200.00based on their limit of liability, towards the repairs to the vehicle. Abalance of USD2 142.00 is still outstanding and remains unpaid. On 16 August 2011... More
This is an application for quantification of damages.
The 18 applicants are former employees of the respondent who were all employed as watchmen. They were dismissed on allegations of misconduct. That matter ended up at arbitration and the arbitrator set aside the disciplinary committee decision. More
The applicant approached this court on an urgent basis seeking a spoliation order. The parties are married to each other and are on separation pending divorce. When the parties separated, the applicant retained property which includes a Chrysler 300D registered in Botswana which he keeps at his house and the respondent a Mercedes Benz CLK 320 and other property. More
This is an application for interim relief made in terms of section 92 E (3) of the Labour Act. It is sought that execution of the decision of the National Employment Council for the Welfare and Educational Institutions (NECWEI) Appeals Committee be stayed pending the determination of an application for condonation of late noting of review. More
This is an application for review brought in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] AJA. The applicant is challenging the second respondent ‘s decision to terminate the applicant’s right of occupation of Stand Number 8A Captain Tapfumanei, Mbare before conferring same to the first respondent’s now deceased husband, Peter Baipai. It is the applicant’s contention that the decision by the second respondent must be set aside on the basis that it was irregular, unlawful and procedurally unfair. The application is opposed by the second respondent only. First and third respondents did not file any opposing... More
This is an appeal from a judgment of the Magistrates Court (Civil), per Mrs Mazhande, which was handed down on 8 June 2021. We heard the appeal on 28 October 2021 and reserved judgment after hearing submissions from the parties. The background to the dispute which has culminated in this appeal are that, on 1 June 2020, the appellant and the respondent entered into a lease agreement in respect of premises known as B209 Odzi Apartments, Corner Glenara Road and Samora Machel Avenue, Harare (hereinafter referred to as “the property”). The said lease agreement, which appears on pp 24-27 of... More
The plaintiff is the owner of certain business premises known as Sportlight Butchery and Bottle Store situate at Juru Business Centre, Chikwaka District, Goromonzi. The plaintiff was represented at the trial by his brother one Onias Gatawa duly authorized thereto by power of attorney granted to him by the plaintiff. More
On 17 July 2018, default judgement was granted in favour of the respondent in case No. 1769/02. Applicant has made this application in terms of Order 9 Rule 63 of the court rules seeking rescission of that judgement. More
On 10 September 2008 at around 7.30 pm the plaintiff was driving an E 200 Kompressor Mercedes Benz 1998 model from Gweru to Harare. At the 49 km peg, just before reaching Norton he drove into the back of a trailer. The trailer was being towed by a tractor driven by the first defendant during the course and scope of his employment with the second defendant. Both the trailer and the tractor belonged to the second defendant. More
The applicant is a haulage company. At the time of hearing it operated a foreign currency account with Renaissance Merchant Bank Limited. In April 2007, the applicant applied, through its bank, to the Reserve Bank of Zimbabwe to use its foreign currency to procure a motor vehicle, a Mercedes Benze ML 320. The application was granted and the foreign currency was released by Renaissance Merchant Bank Limited with the approval of the Reserve Bank. Thereafter, the applicant procured its vehicle and imported it into the country. The respondent refused to accept import duty in local currency. It seized the vehicle... More
Applicants 1 to 10 are one faction of a trade union. Respondents 2 to 6 are the other. The trade union is the first respondent. The seventh respondent is the undertaking or industry in which the trade union is established. It is the employer. It is cited as a nominal party. It did not file any papers, electing to abide by the decision of the court. More
This is appeal against the judgment of the Harare Magistrates Court delivered on 1 July 2010. The appellant appeals against the order granted by the magistrate declining to grant the upward variation of a maintenance order. More
