At the hearing of this matter the respondent raised preliminary issues and these were that:
1. The appellant had not been formally served with the appeal and only got to know of it from the Registrar.
2. The appellant was not served with their notice of assumption of agency.
3. The appellant failed to file their heads of arguments as is required by the rules of this court.
4. The grounds of appeal raise no point of law. More
Before me is an appeal against an arbitral award which found that appellant was not constructively dismissed but resigned. It ordered that terminal benefits be paid. More
Jabulisiwe Arnot Khumalo and Florence Khumalo were a couple by marriage. They are now both deceased, Florence Khumalo having pre-deceased Jabulisiwe Arnot Khumalo on 23 January 2011. Jabulisiwe Arnot Khumalo passed on, on 17 July 2019. Florence Khumalo’s estate was not registered with the Master of the High Court until shortly before the death of Jabulisiwe Arnot Khumalo. The applicant was appointed Executor Dative of both estates, by the 3rd respondent.
During their lifetime the now deceased couple jointly owned in equal and undivided shares an immovable property known as a Certain Piece of Land in the District of Bulawayo... More
Jabulisiwe Arnot Khumalo and Florence Khumalo were married couple. They are both deceased, with Florence Khumalo having pre-deceased Jabulisiwe Arnot Khumalo on 23 January 2011. Jabulisiwe Arnot Khumalo passed on 17 July 2019. Florence Khumalo’s estate was not registered with the Master of the High Court until shortly before the death of Jabulisiwe Arnot Khumalo. The applicant was appointed Executor Dative of both estates.During their lifetime the now deceased couple jointly owned in equal and undivided shares an immovable property known as a Certain Piece of Land in the District of Bulawayo being the Remainder of Subdivision D of Claremont... More
Applicant claims to be the registered owner of mining claims known as Pen A and Pen B situated in Bindura. Two certificates of registration were attached to the applicant’s founding affidavit. They are all in the name of an entity known as Future Connections Mining Syndicate. Certificate of registration 46748 was issued on 21 December 2018. It is in respect “of a block consisting of ten (10) Gold Reef named BASIE….…..the situation of which is indicated to be in Barrassie Farm, approx. 3,9 km N. East of trig beacon…”. Certificate of registration 47117 is in respect of “a block consisting... More
The applicant was arraigned before a magistrate sitting at Gweru on the 14th June 2018 facing a charge of contravening section 114 (2) of the Criminal Law (Codification & Reform) Act (Chapter 9:23), stock theft. The allegations being that on 8 October 2017 he stole two cows belonging to the complainant, one Nokuthaba Ndlovu. The applicant pleaded guilty to the offence and was duly convicted and sentenced to 9 years imprisonment after the court made a finding that there were no special circumstances warranting the imposition of a sentence less than the mandatory sentence as prescribed by law. The applicant... More
This is an application wherein applicant seeks the following relief:-
1. It be and is hereby declared that by virtue of the operation of proviso
(1) to section 11 of the Administration of Estates Act (Chapter 6:01), the 1st respondent did not have the power to declare the Last Will and Testament of the late Andrew Sibanda executed on 16 December 2013 null and void.
(2) It be and is hereby declared that by operation of section 16 (4) and (5) of the Wills Act (Chapter 6:06), the Last Will and Testament of the late Andrew Sibanda executed on the... More
On 12 May 2020, the applicant filed this court application seeking an order to set aside a consent order granted on 12 February 2020. It prayed that the consent order handed down at Bulawayo on the 12 February 2020 under case number HC 320/2020 be set-aside; the interim relief prayed for by respondents in case number HC 320/2020 be and is hereby granted in lieu of the consent order; applicants be and hereby ordered to file their notice of opposition within 10 days of this order and that there be no order as to costs. More
This is an application for summary judgment in terms of Rule 30 subrule (1) of the High Court Rules, 2021. It is trite that an application of this nature may be made where the defendant has no bona fide defence to the plaintiff’s claim or based on a liquid claim such as an Acknowledgement of Debt duly entered into by and between the applicant and the respondent. More
The applicant is a corporate duly registered in terms of the laws of Zimbabwe. It is suing out for a declaratory order to the effect that the judgment debt in case number HC 1977/18 is payable in United States Dollars or in Zimbabwean dollars converted at the bank rate subsisting at the time payment will be made. The relief it seeks as per its draft is couched as follows: More
The applicant applied for bail pending trail. The applicant is awaiting trial on a charged of rape in terms of s 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. I dismissed the application. More
This is an urgent chamber application in which the applicants seek an order couched thus;
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That no mining activities, milling and carrying of ores should be carried out at RA MID002 in the mining district of Midlands measuring 45 hectares until the resolution of the mining dispute by the 2nd respondent or an order by a court of competent jurisdiction.
2. Respondents to pay costs of suit on an attorney client scale if... More
The appellant, who was 18 years at the time of the alleged offence, was found guilty of raping an old woman of 77 years. He appeals against both conviction and sentence. He raised four grounds of appeal. The first ground was that the learned trial magistrate misdirected herself by convicting the appellant in light of the fact that the appellant gave a version of events which was reasonably possibly true and was not demonstrated to be false by the evidence led during trial. More
This is an application for condonation of late filing of an application for confirmation of a ruling issued by the Applicant in the dispute between the1stand 2nd Respondent. The application is opposed by the 1st Respondent. The 2nd Respondent has not responded to the application. The 2nd Respondent, was also in default on the date of the hearing despite proper service having been effected on her. More
This is an appeal in which the appellant appealed against parts of the High Court’s (“the court a quo”) judgment handed down on 30 April 2023. The court a quo ordered the appellant to surrender a motor vehicle, cellphone, iPad and laptop to the respondent. The appellant was dissatisfied by the court a quo’s finding that the Chief Executive Officer (“CEO”) had locus standi to sue the appellant without a board resolution to that effect. More
