The applicant seeks condonation for late noting of an appeal and extension of time within which to note an appeal. The State did not file a response. Despite the non-filing, l am required to consider the application on the merits. The applicant appeared before a Magistrate sitting at Kariba Magistrates Court facing a charge of fraud in contravention of s136 (a) (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).The State alleged that the applicant sold a BMW X4 chassis number WBAXX120500X22929 with an engine number 59835070 to one Bonisani Sithole. The complainant paid US$9600. Unbeknown to the... More
This is an urgent application. This application was filed on the 6 August 2020, when this court was on vacation. On the 7th August 2020, the duty Judge then, endorsed that the matter could not be set-set down for hearing due to lack of time. It was then rolled over to the next duty Judge. On the 21 August 2020, the next duty judge endorsed that the respondent was not in attendance. She was admitted in hospital with the baby, the matter was again rolled over to the next duty Judge. On the 24 August 2020, when I started my... More
The first applicant is a subsidiary of the second applicant. Both companies are Namibian-based.
On 17 August, 2010 the first applicant and the respondents concluded a tripartite agreement in terms of which the first applicant undertook to provide the first respondent with certain software and support services to facilitate provision of free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. In terms of the agreement, the first applicant would procure, for and on behalf of the first respondent, such life cover from the second... More
On 17 August 2011 the first applicant and the respondents concluded an agreement in terms of which the first applicant undertook to license to the first respondent certain intellectual property (“The Trustco Mobile Concept”) which would facilitate the provision of the free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. An amendment was made to the agreement in January 2011. More
This is an urgent chamber application for an interim order to bar the respondents from carrying out and/or continuing their unlawful joint operation to demolish illegal structures in the Chitungwiza and Harare areas. The final order seeks a declaratur to the effect that the intended demolitions are unlawful for failure to obtain the necessary legal requirements to undertake the contemplated actions. More
The applicant seeks a decree of perpetual silence and to interdict the first respondent from instituting or prosecuting any litigation concerning a certain piece of land known as 425 Marlborough Township Extension 2 of Marlborough ‘the property’ without the leave of the court and that service in the application for leave be served by the Sheriff to the applicant’s legal practitioners of record. More
This is an application for rescission of a default judgment where the applicant prays for relief in the following terms:
“It is ordered that
1. The application be and is hereby granted.
2. The apparent delay in bringing an application for rescission of judgment in terms of the rules shall be condoned.
3. Default judgment granted by this court on 24 May 2017 in Case No. HC 1863/17 be and is hereby rescinded.
4. The respondent and its legal practitioners de bonis propris shall jointly and severally the one paying the other to be absolved pay the costs of this... More
St Micheal’sNerwande Church was established by applicant in1909. In 1910 primary students used the church building for lessons. During the liberation struggle the Rhodesia government took control of the education department of the church. In 1980 the new dispensation continued with the pre-independence status quo. Its not clear on papers as when applicant engaged the first respondent, (Makoni Rural District Council) to restore control of the school to the applicant. However the Rural District Council agreed to do so but on condition applicant had to meet certain pre-requisites provided in the Education Act. Its clear on paper that the applicant... More
The facts appear in the applicant’s papers and they are outlined as follows: Applicant owns the property and attached proof of ownership, a title deed and on that property is built Robert Mugabe House which accommodates orphans and deserted children and is administered by trustees. Respondents occupied the house as beneficiaries and at the pleasure of the applicant and the institute only accommodates beneficiaries aged between one and fourteen years. Both respondents are now majors.
Applicant contend that the respondents have become hostile towards the Institute’s trustees and employees and erected illegal structures on the piece of land without the... More
On 17 December 2018 the applicant filed an urgent chamber application seeking the following relief.
TERMS OF THE ITERINM RELIED SOUGHT
It is hereby ordered that pending the determination by this honourable court of the issues referred herein above:
1. The respondent shall allow the persons listed in the document attached to the application as “”Annexure C” who were evicted from Lot 1 of subdivision A of Somerby, Harare on 14 December 2018, to return to peaceful occupation of the land forthwith, pending the issuing of a final order in this matter;
2. The respondent, its agents, its employees and... More
MAKONI JA: This is an appeal against the whole judgment of the High Court, handed down on 24 January 2018, wherein it dismissed the appellants’ claim.
BACKGROUND FACTS
The first appellant is a private voluntary Trust established in terms of the laws of Zimbabwe. The second appellant is Mukonotronics (Private) Limited a corporate body registered in terms of the laws of Zimbabwe. The respondent is Karpeg Investments (Private) Limited a Zimbabwean corporate body trading under the name Kadir and Sons. More
This is an application made in terms of Article 34 of the Model Law in the Arbitration Act [Cap 7:15] for the setting aside setting of an arbitral award made by the second respondent on February 2012 sitting as an arbitrator to resolve a rent dispute involving the applicant and the 1st respondent. More
The applicants and the first respondent are embroiled in a labour dispute. The dispute centres on the manner and procedure which the first respondent employed when it terminated the services of the applicants. These were terminated in July, 2013. More
This applicant, having previously been denied bail pending trial, submitted this further application which he named ‘bail application for bail based on changed circumstances in terms of r 5 of the high court rules 1991 as read with s 116(c) (ii) of the Criminal Procedure and Evidence Act [Chapter 9:07]’. Having perused the Act, I am satisfied that the nomenclature does not emanate from proviso (ii) of s 116 of the Criminal Procedure and Evidence Act. The phrase changed circumstances may have been used in practice and case law in discussing the circumstances under which a fresh bid for bail... More
This is an application for condonation of late filing of an appeal.
The applicant is a former employee of the respondent. He was employed as a parking marshal at the relevant time when he incurred a $2.00 shortfall on the 6th of October 2014 in remitting his collections for the day. More
