Welcome to Midlands State University Library

Court Judgements



Browse all Court Judgements
This is an appeal against a determination of the National Employment Council (NEC) for the Tobacco Industry Grievance and Disciplinary Committee. The second and fourth respondents were employed on seasonal contracts whilst the first and third respondents were employed on permanent contracts, by the appellant. More

This is an application for the review of a determination handed down by the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (GDC) on 29 October 2015. The determination ordered the reinstatement of the respondents to their employment with the applicant, or payment of damages in lieu of reinstatement. More

The dispute revolves around an agreement of sale of an immovable property which was signed by the parties sometime in 2017. First respondent is a former employee of the applicant. Second respondent is the wife of the first respondent. First respondent was retrenched around 2017. Prior to the retrenchment, the applicant had advanced a loan to the first respondent. At the time of his retrenchment, the first respondent owed the applicant about US$492,000.00. The respondents signed an agreement for the sale of their property to the applicant in satisfaction of the outstanding loan amount. The parties also signed a loan... More

This is an old matter in which summons was issued in September 2018. The pre-trial conference was finalized in April 2021. The matter was set down for trial on 23 November 2021. The matter was on that date postponed to 15 February 2022 by consent. On 15 February 2012 the plaintiff’s co-counsel Ms Mabwe applied for a postponement on the basis that the plaintiffs needed to deal with a notice to amend plea which was raised by counsels for and on behalf of the 1st and 2nd defendants. The proposed amendment raised two issuesof law, firstly that the plaintiff has... More

This is an opposed application in which the applicant seeks the rescission of a judgment granted in default in case number HC 4922/11, together with costs of suit. At the hearing of the matter, I dismissed the application with costs and indicated that my reasons for so doing would follow. These are the reasons: More

On 18 January 2007 I issued an order dismissing this application and ordering costs against both applicants jointly and severally. I have been requested to give my reasons and these are they. More

The applicant approached this court in terms of s 98(14) of the Labour Act [Cap 28:01] the Act seeking the registration of an arbitral award. More

It is WALLIS JA, with HARMS AJ, VAN HEERDEN and MALAN JJA and PETSE AJA all concurring who waxed lyrical in Executive Officer of the Financial Services Board v Dynamic Wealth Ltd &Ors201 2(1) SA 543 when he said:- “Ever since the bursting of the South Sea Bubble in 1720 governments have recognised the need, in the interests of the investing public, for regulation of the financial services industry”. More

The plaintiff claims against all the defendants jointly and severally the one paying the others to be absolved, payment of a total sum of US$72 181.15, together with interest thereon at the prescribed rate calculated from the date of issue of the summons to the date of payment in full, and costs of suit on the attorney-client-scale. More

The facts of this matter being common cause the counsels agreed to proceed by way of a stated case. The statement of agreed facts outlines the facts as follows. By written agreement dated the 15th of February 2012, the plaintiff extended a credit facility in the sum of US$50 000.00 to Moonrock Services (Pvt) Ltd. The late Tobias Utsiwegota stood as surety and co-principal debtor for the due fulfilment of all the obligations of Moonrock Services (Pvt) Ltd in relation to its indebtedness to the plaintiff, including payment of legal practitioners’ collection commission and costs of suit on the legal... More

This is an opposed application for summary judgment wherein the applicant prays for judgment in the sum of US$1 514 762-20. It is common cause that following a credit facility agreement dated 22 April 2004, the applicant offered the respondent an offshore loan facility of US$1 514 762-20. More

This is an application for bail pending appeal against conviction and sentence. The background of this matter is that appellants were charged with one count of robbery in contravention of s126 of the Criminal Law (Codification And Reform) Act [Cap9.23]. It was alleged that on 11 August 2013 at Guhwa village chief Chinamhora, the applicants by use of violence took US$352.00, a nokiacellphone and two packets of yeast from ArtsonKambanje. Nothing was recovered. More

This is an urgent chamber application wherein the applicant sought relief in these terms: "Interim Relief Granted First, second and third respondents are:- More

I dealt with this matter as an unopposed application after the respondent which had initially filed a notice of opposition and opposing affidavit did not file heads of argument and did not appear at the hearing despite having been served with the notice of set down. More

The applicant is a Sergeant in the Zimbabwe Republic Police. He is based at Beitbridge. He is facing allegations of theft of a motor vehicle as defined in section 113 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the charge. He has approached this court seeking bail pending trial. The state is opposed to the application. More