This case involves a freak accident that unfortunately left the plaintiff with a corneal and scleral perforation in his right eye. Plaintiff had filed a delictual claim against the defendant seeking damages as follows;
a) Loss of income; US$16 000-00.
b) Hospital expenses; US$2 000-00.
c) Estimated future and medical expenses; US$4 000-00.
d) General damages inclusive of pain and suffering and permanent disability; US$200 000-00.
e) Interest at the prescribed rate from the date of issuance of summons to date of full and final payment.
f) Costs of suit.
Plaintiff specifically alleged in paragraph 4 of his declaration that... More
This is an urgent chamber application for a mandamus which is being brought in terms of s 4 (2) (a) and (c) of the Administrative Justice Act [Chapter 10:28] and s 68 of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013. More
This is an appeal against the 1st respondents’ decision convicting the appellant of misconduct and imposing a penalty of dismissal. This was after disciplinary proceedings had been conducted against him. The following are the grounds of appeal.
“1. The Disciplinary Authority erred at law in finding Appellant guilty of proposing love to Gracious Manguwo whereas the evidence of the alleged text messages was not availed.
2. The Disciplinary Authority further erred in relying on the single testimony of Gracious Manguwo which was not corroborated and substantiated.
3. The Disciplinary Authority further erred in believing the testimony of Gracious Manguwo that... More
On 13 August 2021 I dismissed ex tempore, an application for bail pending trial filed on behalf of the applicant on the basis that there was a high risk of abscondment. I have been requested for reasons. These are they. More
This is an opposed application wherein the applicant seeks the following relief:
“1. The purported cancellation of the agreement of sale dated 17th October 2006
between the applicants and the respondents be and is hereby set aside.
2. The respondent be and is hereby ordered to forthwith transfer the undivided share in a certain piece of land situate in the district of Salisbury being land share number 13 of stand number 195 Monavale Cluster Homes, also known as subdivision A, portion 0f Mayfield Estate to the applicants upon respondent satisfying the minimum service requirements set out in its development permit.... More
This matter was placed before me as an urgent application in which the applicant sought the following relief:-
TERMS OF FINAL ORDER SOUGHT
1. The 1st respondent is in contempt of court for refusing for the applicant (sic) to provide medical aid for the two minor children namely; Sean Tinashe Kasu (born on 31 January 2011) and David Panashe Kasu (born 18 March 2013) and for withholding consent for the minor children to be migrated from her medical aid scheme to the applicant’s medical aid scheme.
2. The 1st respondent to be committed to prison for a three months sentence... More
The applicant approached this court on an urgent basis seeking Provisional Order for stay of execution of judgment. The order sought by the applicant reads as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
(a) The Warrant for Ejectment against the applicant be and is hereby stayed pending the hearing of applicant’s application for Rescission of Judgment under case number HC 7304-21.
(b) First Respondent is ordered to pay costs of suit.
TERMS OF INTERIM RELIEF GRANTED
Pending the hearing of the... More
On 11 July 2006 the appellant entered a hardware shop. He took a kilogram of trinepon wood glue which he hid in his trousers. He walked out of the shop without paying for it. He was arrested soon after leaving the shop. The trinepon wood glue was recovered. It was valued at $1 800-00(Zimbabwean dollars). More
On 30 December 2019 the respondent approached Rusape Magistrates’ court applying for an Interdict. She sought the following order.
“1. Application for interdict be and is hereby granted as prayed for.
2. Respondent is hereby interdicted from entering, disturbing applicant’s farm activities at Plot No. 12 Sable Range Zingondi, Rusape and should stop causing havoc at the same plot.
3. Respondent should pay costs.”
Applicant sated in her affidavit in support of the application that she is the lawful occupier of Plot No. 12 Sable Range. She attached an illegible permit or certificate of occupation as well as receipts issued... More
The plaintiff applies for summary judgment. She seeks the defendant’s eviction from a certain property situate No 67 Guildford Estate Township, Borrowdale Harare (“the property”). The property is registered in the name of the plaintiff. She bought it at a judicial sale conducted by the Sheriff. This was following a judgment of this court in HC 11601-17. That judgment pitted one Desmond Muchina (“Muchina”) as the judgment creditor, against one Godfrey Munyamana (“Munyamana”) and his estate agency firm, or alter ego, Sparkles Services (Pvt) Ltd (“Sparkles”), as the judgment debtors. At all material times, the property had been registered in... More
This is an application for confirmation of a ruling by a Designated Agent. The ruling was made after a certificate of no settlement was made. The Designated Agent relied on claimant and Respondent’s written submissions.
When the parties appeared before this court they indicated that they were not opposing the application. Mr Tundu indicated that he had not filed the notice of opposition and heads of arguments. He then applied for condonation of late filing of the notice of opposition and heads of arguments. This court dismissed this application because despite being served with the notice of application in August... More
This is an application for the reinstatement of a matter after the matter was previously struck off. It was struck off because the founding affidavit was defective. The applicant said that they had corrected the affidavit and were therefore applying for reinstatement of the matter. The first respondent opposed the application on the ground that this was a wrong procedure because the matter that the applicant was seeking to have reinstated was declared a nullity hence the striking off. Being a nullity that meant that there was nothing to reinstate. The correct procedure was to apply for condonation in order... More
This is an application for confirmation of a draft ruling and order. It is being brought in terms of section 93 (5a) (a) and (b) of the Labour Act [Chapter 28:01]. Both respondents oppose its confirmation but for different reasons. The first (1st) Respondent’s prayer is that the ruling by the applicant be set aside and be substituted by a finding that the 1st Respondent pays the 2nd Respondent the amount of USD $383-00. The 2nd Respondent says that the application be dismissed with costs on the punitive scale and such costs to be borne by the 1st Respondent and... More
On the 12th April 2020, applicant in his capacity as a Designated Agent, filed an application for condonation in this Court. 1st Respondent (employer) opposed the application. 2nd Respondent (employee) supported the application. The background is stated herewith. Applicant is a Designated Agent for the NEC for Welfare & Educational Institutions. In that capacity he dealt with a dispute between the employer and the employee. On the 3rd October 2018 he made a ruling. He ordered the employer to reinstate the employee or pay him damages in lieu of reinstatement. More
The appellant in this case appeared before a magistrate sitting at Hwange on 16 September 2013. He was facing a charge of contravening section 67 (1) (a) (i) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] “indecent assault”. It was alleged that on 4 March 2013, at ZRP Hwange Camp Quarters, and with indecent intent, and knowing that the complainant had not consented to such action, the appellant fondled the complainant’s breasts. More
