This is an application for bail pending trial. The applicant is in custody pending trial for murder as defined in section 47 of the Criminal Law (Codification and Reform) Act Chapter 9:23. There are three accused persons who are jointly charged with the applicant. The allegations are that on 20 August 2020 at ARDA Balu Estate, Umguza main gate the accused persons who were armed with machetes and axes approached the deceased EnerstDube and Ashely Manyemba security guards on duty. They struck the now deceased with axes and machetes all over the body and he died on the spot. The... More
This is an appeal from a decision of the respondent’s Appeals Committee, which upheld the dismissal of the appellant from the respondent’s employment.
The basic facts of this matter are that the respondent was employed by the appellant as Banking Hall Supervisor. He was charged with misconduct in terms of the National Employment Council for the Zimbabwe Energy Industry Code of Conduct and Grievance Handling Procedures (NEC Code). The charge, framed from section 7 (1) (i) (v) of the NEC Code, was Dishonesty, that is to say; falsifying an official document or electronic record of a Company/Organisation or wilfully recording... More
I heard the matter which relates to the current parties on two separate occasions. The first hearing which fell under case number HC 963/16 took place on 6 April, 2017. More
On 11th January 2016 at Harare, Arbitrator J Madziya issued an arbitration award. He dismissed the appellant’s claims against the respondent. The appellant then appealed to this court against the award. The respondent opposed the appeal. More
The appellant was convicted on 3 January 2013 at Chinhoyi magistrates court on a charge of bribery as defined in s 170 (1) (b) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. It was alleged that the appellant, a conductor of a Toyota Hiace, offered a Zimbabwe Republic Police Officer a bribe of US$5.00 so that he would not be arrested and prosecuted. Appellant’s public transport motor vehicle had no certificate of fitness and the luggage was insecurely loaded. More
This is an application for condonation and extension of time within which to file an appeal out of time. The application is opposed by the respondents on several grounds. Respondents aver that the application for condonation is defective for non-compliance with the rules of this court. Applicant has not sought to seek the indulgence of this court to amend the application but urged the court to deal with the writs of the application rather than deal with the issue of the defective form. In this regard applicant contends that no prejudice will be occasioned by the defective form since the... More
This is an appeal against the decision of the magistrate’scourt sitting at Harare on 23 February 2022. Defendant, who was the plaintiff in the lower court, issued out summons against the appellant seeking 50% share of stand number 1992 Granary Park, its development and 10 000 loose bricks thereon and costs of suit on a legal practitioner and client scale. She claimed that the property was jointly acquired. After the filing of pleadings, the matter was referred to trial on the following issues; -
1. Whether the parties were in a tacit universal partnership
2. Whether the plaintiff made any... More
: This is a court application for a declaratory order in which the following order is sought:
IT IS ORDERED THAT:
1. The application for a declaratory order be and is hereby granted.
2. The applicant be and is hereby declared to have been married customarily to Shepherd Gwasira, and that she be declared a surviving spouse to the Estate Late Shepherd Gwasira.
3. The Late Shepherd Gwasira/deceased’s estate is declared to be governed by customary law.
4. The third respondent be and is hereby ordered to pay costs of suit. More
An application for rescission of judgment is one where the court is called upon to exercise its indulgence for the default, having considered the requirements to be satisfied.
The applicant filed an application for leave to appeal to the Supreme Court. On the application her address of service was of her preferred representatives. The matter was set down for hearing on 16 February 2016. On the appointed date neither the representatives nor the applicant appeared. More
At the commencement of the proceedings Mr Chopamba sought to apply for a postponement as the respondent had not formally filed a response to the Notice of Appeal. He stated that the reason for late filing of the response was that the respondent had not timeously received the requisite authorisation to brief-out Counsel from the Attorney General’s Office. He stated that it was a requirement that written approval be given by that office before instructing a legal practitioner. Mr Chopamba, further submitted that the application for condonation for late filing of the response could not be done in time as... More
The applicant is a farmer. He claims to have been friends with Mr Paulino Oliveria Martins who died on the 2 September 2007 at Harare. The applicant claimed that in the course of their friendship he lent the late P O Martins some money which he had reserved to buy an international truck horse with. In exchange for the loan Mr P O Martins was to import a similar truck for the applicant. As fate would have it Mr P O Martins died before he had delivered the truck to the applicant. The applicant said that when he made a... More
On 30 January 2017 the applicants instituted the instant chamber application seeking the following relief which is set out in the draft provisional order:
“FINAL RELIEF SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
WHEREUPON after reading documents filed of record:
IT IS ORDERED THAT:
1. The 1st, 2nd and 3rd respondents and any person acting for and on their behalf be and are hereby interdicted and restrained from infringing on the applicant’s trademarks No. 1710/2000 in Class 34 by using the name ‘Rudland & George’ and/or... More
In September 2010 some 11 farmers from the Glendale farming area of Zimbabwe sued, on separate summonses,a company called Farmers Commodity Stock Exchange (Private) Limited in the one case, and one Peter Kenneth (Peter Kenneth) jointly with that company in the other cases. The claims were for payment of various sums of money. The farmers claimed they had sold maize grain to Farmers Commodity Stock Exchange (Private) Limited (hereafter referred to as FCSE) through Peter Kenneth. They alleged that Peter Kenneth wasan employee or agent of FCSE.The plaintiff in case no 1, Tonderai Abel Masango (hereafter referred to as the... More
The brief background to the matter is this: - The applicant was staying with the late Memory Ngwenya who died on 18th July 2021. The applicant’s status as regards his relationship with the late Memory is a bone of contention between him and the late Memory’s family. Following Memory’s death, the 1st respondent was appointed as the executrix dative by the 2nd respondent. The date of appointment was not clear but it was said to be either September or November 2021. More
