The applicant herein seeks the following order:-
“WHEREUPON after reading the papers filed of record and hearing Counsel: IT IS ORDERED AND DECLARED THAT:
(a) The applicant duly paid all import duties and taxes for the motor vehicle:
Make Toyota Landcruiser
Model 200 series
Engine No. IVD 0032379
Chassis No. JTMHV05J004018755
(b) That the payment of duty released the motor vehicle from any and all encumbrances connected with the immigrant’s rebate.
(c) That the first respondent is not entitled to demand, seize or impound the motor vehicle.
(d) That the first respondent shall not demand the surrender of the motor... More
This is an application for absolution from the instance by the defendant at the close of the plaintiff’s case. The defendant contends that there is no need to call the defendant to rebut the plaintiff’s claims because there is no evidence that has been placed before the court to rebut.
The facts of the case are relatively narrow. The plaintiff Timothy Curtis Jackson is a commercial farmer who at the material time was leasing Ruya Ranch Farm from one Mr Nyamupfukudza for the purposes of commercial production of tobacco and maize amongst other crops. The plaintiff and defendant entered into... More
This is an application to introduce a fresh fact on appeal which was sought on the basis that respondent had failed to file its heads of argument as prescribed by the Rules of this Court and was therefore barred. In that regard applicant claims to be entitled to apply for judgment in terms of Rule 19 (3) of the Labour Court Rules.
At the hearing of the application this court dealt with an oral application for upliftment of bar and condonation of late filing of heads of argument. More
1.1 That the caveat placed on the immovable property identified as certain piece of land in the district of Salisbury called Remainder of Lot 40 of Reitfontein measuring 6, 8288 hectares as will more fully appear upon reference from Deed of Transfer Reg No. 9563 with diagram annexed in respect of Lot 4 of Reitfotein made in favour of Godfrey James King on the 4th of January 1912 and to the subsequent Deed so Transfer the last of which passed in favour of Jun Mclachlan (Reg No. 3125/74) on the 23rd day of May 1974 remain and not be capable... More
1. This is an appeal against the judgment of the magistrates Court in terms of which the appellant was convicted of three counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 12 years imprisonment per count. Of the total 36 years imprisonment 6 years imprisonment was suspended for 5 years on the usual conditions of good behaviour and a further 3 years imprisonment was suspended on condition the appellant paid restitution. Thus, the effective sentence was 27 years imprisonment. The appeal is against both the conviction... More
The appellant was employed by the respondent. He was charged with misconduct, found guilty and dismissed. In these proceedings, he appeals against both conviction and sentence. More
The applicant in this matter seeks an order, inter alia, compelling all the respondents to facilitate and pay for a Pajero motor vehicle which he had ordered through the 4th respondent. The basis of his claim is that he is entitled to acquire the said vehicle through the Members of Parliament Vehicle Loan Scheme which was initiated in 2001 (“the Scheme”) and that the respondents have unlawfully denied him the benefits of that facility. More
The applicants approached this honorable court seeking a declaratory order of an immovable property. The applicant in his official capacity as the Executor Dative of the Estate Late Kizito Dzorwa approached this Honorable court seeking a Declaratory Order in terms of s 14 of the High Court Act [Chapter 7:06].It is common cause that the applicant’s late father was granted a lease by the first respondents over a certain commercial premise measuring 2023 square meters comprising of a butchery,bottle store, grinding mill and general dealer all situated at Rusike Communal Land Mungate Business Centre under Chief Chinamora Domboshava in Goromonzi... More
On 13 July 2018 parties signed an order by consent before MWAYERA J (as she then was) and resolved a dispute between the applicants and respondent pertaining to change of ownership of Toyota Ipsum Registration number ABO 4985 into the names of the applicants. Applicants agreed to effect transfer of title in respect of stand 3279 Umtali Township Lands to Onesmo Bhasera and sign all documents required for transfer. The order by consent was consolidated by a Deed of Settlement signed by the applicants, Gift Mukaronda, and Mr D Tandiri, representing Mr Mukaronda. The parties signed the deed on 7... More
On the 23rd March 2022 at Harare this Court dismissed applicant’s appeal against the dismissal from employment by respondent. On the 18th October 2022 applicant filed the present application for condonation and rescission of judgment. The application is made in terms of Rule 40 of the Labour Court Rules S.I. 150/17. More
That this is an application made by two judgment debtors whose immovable property has been sold by the Sheriff in execution of a judgment of this court in terms of r 359 (8) of this court’s rules, is beyond any disputation because the application itself says so firstly in the Form 29 and secondly in para 6 of the first applicant’s founding affidavit dealing with the nature of the application. More
The applicant seeks relief by way of summary judgement. The relief sought is set out in the draft order accompanying the application as follows:
“1. Summary judgement be and is hereby granted.
2. Defendant shall pay the sum of US$33 000 to plaintiff or the equivalent thereof at the prevailing inter-bank rate made up as follows;
a) US$18 000 for explosives sold to the defendant.
b) US$14 500 being arrear rentals for mining compressors.
c) US$500.00 being damages for repair of the damaged compressor.
3. Interest thereon at the prescribed rate from the date of summons to date of full... More
1. This is an application for leave to appeal out of time and for a certificate to prosecute such appeal in person.
2. The applicant was, on 17 December 2020, convicted of robbery committed in aggravating circumstances as defined in s 126(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. He was sentenced to 12 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. A further 1 year imprisonment was suspended on condition the applicant paid restitution.
4. The application was filed on 1 July 2022.
5.... More
Applicant applied to this Court for condonation of a belated review. The application was made in terms of Rule 22 of the Labour Court Rules S.I. 150/17. Respondent opposed the application. More
