This is an application for review in terms of Order 33 Rule 256 of the High Court Rules 1971 against the decision of the first respondent dated 8th December 2015. The background to the application is that the applicant was charged for contravening s 3 (25) of the Prisons (Staff) (discipline) Regulations 1984, More
The applicant, a non-commissioned rank member of the Prison Services, appeared before a disciplinary committee on 6 November 2015 at Harare Central Prisons facing a series of misconducts. He was convicted and ordered to pay a fine of US$ 50.00 and was further given a severe reprimand. However, the second respondent who is the Commissioner of Prisons substituted the decision of the disciplinary committee with that of a dismissal on 10 December 2015.On 15 December 2015 the applicant was notifiedof his discharge from the Zimbabwe Prisons and Correctional Services in terms of their disciplinary code. Dissatisfied with the dismissal and... More
This was an application for registration of an Arbitral Award handed down by the Arbitrator Mr D.A Whatman on 15 January, 2018. This was in respect of case No. HC 1186/18 More
Had it not been for the vagaries of climate change, this application may well never have been made. Before the court is a consolidation of two opposing claims between the same parties. One party (the applicant or “Townsend”), seeks an order for the registration of an arbitral award in terms of Article 35 of the Arbitration Act [ Chapter 7:15] (“the Act”). The other party (respondent “Sinohydro”) opposed Townsend`s claim. It also filed an application, under case number HC 1775/18, wherein it prayed for an order setting aside the same arbitral award in terms of section 34 of the same... More
This urgent chamber application for stay of execution of the judgment in case number HC 5340/22 pending application for rescission of default judgment under case number HC 7083/22 was placed before me on a certificate of urgency.
Briefly, the first respondent who was the applicant in case HC 5340/22 filed an ex parte chamber application for an attachment of property to found jurisdiction with this Honourable Court on 12 August 2022 which was not brought to the attention of the applicant. The ex parte application was technically granted in default on 13 September 2022. It was made against Toyin Traders... More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01).
The developments in the matter are interesting. Respondent filed a Notice of Opposition as shown in the Opposing Affidavit from page 26 of the record. On the date of hearing, Applicant’s legal practitioner stated that they were raising a point in limine as Respondent had not filed heads of argument and further that Respondent was no longer opposing the application. More
This is an urgent chamber application for stay of execution purportedly made in terms of r 57 (2) (a) of the High Court Rules, 2021 (S.I. 202 of 2021). More
This is an appeal against the decision of the High Court dismissing with costs an application filed by the appellant for the upward review of the amount of maintenance payable by the respondent in respect of the appellant and two minor children of the former matrimonial union. More
The appellant appeared before a Magistrate sitting at Esigodini on the 28th June 2019. She was charged and convicted with the offence of unlawful possession of dangerous drugs as defined in section 157 (1) (a) of the Criminal Law (Codification & Reform) Act (Chapter 9:23). Appellant was sentenced to 36 months imprisonment of which 12 months was suspended on condition of future good conduct. More
This is an application for review of the conduct of the First Respondent. Elfigio Zemba (the deceased) died intestate on 8 October 2020. On 18 December 2020, First Respondent convened an edict meeting at his offices for the administration of the deceased’s estate. Deceased’s relatives disputed that deceased was married and that Applicant and Third Respondent were the surviving spouses. Fourth Respondent is deceased’s child by his first wife. Applicant said that First Respondent directed that the concerned parties approach the Magistrates Court for a determination of whether or not there were surviving spouses. On 29 March 2021 a magistrate... More
The brief facts are that the first respondent obtained a default judgment on 6 September 2017 after the applicant was duly barred for failing to file its plea despite that the Notice to Plead and intention to bar had been received by the clerk of the applicant who accepted service on behalf on of the applicant . More
The applicant company is a wholly owned subsidiary of the Reserve Bank of Zimbabwe. The respondent is an erstwhile employee of the applicant. The respondent was duly dismissed from his employ after a disciplinary inquiry. Aggrieved by this turn of events, the respondent took the matter to the Labour Office alleging an unfair labour practice. The matter was referred to arbitration. The arbitrator found in favour of the respondent and directed the parties to negotiate the quantum of damages for breach of contract. According to the applicant, the negotiations broke down and nothing was said of the matter thereafter until... More
The defendant is a cargo handling company which is in the business of handling airline cargo whereas the plaintiff is one of its customers. Most issues in this case are common cause. The undisputed facts are that on 3 March 2008 a shipment of the plaintiff arrived on board Martnair at the defendant’s premises at the Harare International Airport. The consignment comprised electrical goods and equipment valued at US$44 202-50 and was duly stored in defendant’s warehouse. More
In 2004, the Reserve Bank of Zimbabwe (RBZ) advanced a loan to Intermarket Holdings Limited (IHL), then a wholly owned subsidiary of the appellant. The loan was converted to equity in 2006. The RBZ thus became a 50.98 per cent shareholder in IHL. Soon thereafter, the RBZ divested its stake to the respondent without according appellant the pre-emptive rights embodied in IHL’s articles of association. The respondent thereafter assessed the appellant’s remaining stake in IHL to be equivalent to 6.21 percent of the respondent’s own issued share capital. In March 2007, the respondent offered the appellant a 6.21 percent shareholding... More
In this application the applicant seeks relief in the form of a declaratur to the effect that the Road Traffic (Construction and Equipment Use) Regulations 2010 (Statutory Instrument 154 of 2010) (“the Regulations”) and the amendments thereto are invalid, null and void or alternatively, that s 10(2) of the Regulations is ultra vires the Road Traffic Act [Cap 13:11] (“the RTA”) and therefore null and void. More
