On 22 September 2021, following a full trial, the High Court (“the court a quo”) dismissed with costs the appellant’s claim for payment of the sum of US$53 183. This appeal is against that judgment of the court a quo. More
This is an application brought on a certificate of urgency seeking the stay of the execution (auction of property) of an order granted by this court under case number HC 6557/15 pending the determination of an application for condonation for late filing of an application for rescission of default judgment and an application for rescission of default judgment filed simultaneously in this Honourable Court. More
Plaintiff issued summons against the defendant for payment of the sum of fifty-three thousand one hundred and eighty-three dollars ($53 183.00) being money allegedly due and owing to the plaintiff in terms of a verbal acknowledgement of debt made by the defendant in favour of plaintiff at the offices of Messrs Mbidzo, Muchadehama and Makoni legal practitioners. It is plaintiff’s case that the defendant acknowledged being indebted to the plaintiff in the above sum on 28 July 2010 at number 8 Phillips Avenue Belgravia, and undertook to settle within a reasonable time. To date defendant has failed to settle the... More
This is an application for quantification of damages due to the applicant employee following her successful appeal against dismissal from employment where she was rendering cashier services to the respondent employer.
Respondent concedes the claim in part but puts the applicant to the proof of the remainder. In particular respondent says it is prepared to pay appellant 24months’ salary from 26 October 2009 to 18 October 2021 sum totalling $9120 at $380 per month. More
The plaintiff issued summons claiming firstly, payment by the first and second defendants jointly and severally, the one paying the other to be absolved, in the sum of USD 69 567.95 in respect of goods sold and delivered at the specific instance and request of POLYHANDY (PRIVATE) LIMITED, which is under provisional liquidation, and for which the first and second defendants bound themselves as sureties and co-principal debtors in respect of its debts. More
On the 6th of December 2017 a default order was granted against the applicant. In terms of the rules of the court the applicant if so advised, has 30 days within which to apply for the rescission of the default order. The applicant did not, and therefore seeks condonation for the late filing of the application for rescission. More
The history of mental illness runs deep in Learnmore Michael (the accused)’s family. His mother lives with mental illness. He has a sister who lives with the same condition whilst another of his sisters committed suicide. She was driven into it by a mental health problem. As will be illustrated later in this judgment, there is evidence that the accused may have been mentally ill at the time he committed this murder. It may not be possible to apportion blame on him for his actions. More
Vevhu approached this court on an urgent basis in terms of rule 40 of the Commercial Court Rules SI 123-20. It sought a provisional order, pending arbitration, interdicting Operation Nehemiah from carrying out certain civil works on a tract of land known as Lot 12 of Spitzkop. This parcel of virgin land (“Lot 12”), lies due west of Harare in the rural district of Zvimba. More
On 21 November 2023, applicant unsuccessfully moved to have this matter heard on an urgent basis. On 23 November 2023, I handed down the reasons, under judgment number HH 628-23, for deferring the matter to the ordinary roll. The matter was, in due course, set down on the normal roll and argued on the merits on 18 January 2024. Herewith the judgment. More
This is an appeal against Honourable Mr Z. Mtimtema’s arbitral award, handed down on 15th April 2014. The award upheld the dismissal of the Appellant from employment after the Respondent’s Disciplinary Committee found him guilty of misconduct. More
The Applicant was employed by the Respondent as a driver until June 2016 when he was dismissed from employment. This was following a disciplinary process convened in terms of Statutory Instrument 15 of 2006. The Applicant was facing charges arising from allegations that he had pre-warned illegal fuel dealers of the impending spot-checks or inspections by the Respondent’s officials thus by doing he was frustrating his employer’s regulatory role. The Applicant was found guilty of the charges. His initial appeal to the Respondent’s Appeals Officer was dismissed for lack of merit on 18 July 2016. More
This is an urgent chamber application for an interdict. What can be gathered from the papers filed is the following. The applicant is the registered owner of mining claims held under claim numbers 47323, 47324, 47325, 47326 and 47327 which were issued by the Ministry of Mines and Mining Development in terms of the Mines and Minerals Act [Chapter 21:05] in May 2020. On 26 August 2020 the respondent was issued with a mining certificate under Shamva ‘X’ mine, registration number 47622 which mining claim falls on an area covered by the applicant’s mining claims. This resulted in a dispute... More
The applicant seeks recognition and registration of an arbitral award granted in its favour by an arbitrator. The parties entered into an agreement whereby the respondent would lease the applicant’s service station in Rusape for purposes of selling its fuel and petroleum products. The respondent operates several such service stations countrywide.
[2] A dispute arose between the parties as to when the lease agreement was set to expire. This was after the applicant wrote to respondent advising it of its intention to repossess the premises. Whether the respondent ought to have vacated the premises on the date that applicant argues... More
This is an application for summary judgment.
On 18 January 2010, the plaintiff issued summons out of this court seeking an order evicting the defendant from certain premises situate at number 19 guest Avenue, Alexander Park, Harare. The plaintiff also sought an order compelling the defendant to settle arrear rentals in the sum of US$ 9 500 and holding over damages at the rate of $500-00 per month from the date of summons to date of payment in full. It was the plaintiff’s allegation in the summons that the parties entered into an agreement of lease in terms of which... More
This is an urgent chamber application for a spoliation order that was filed by the applicant on 12 September 2007. It was allocated to me on 13 September 2007 and I set it down for hearing on 18 September 2007. All the respondents filed opposing papers. The applicant did not have an opportunity to file his answering affidavit as the opposing affidavits were filed on 17 September by the fourth respondent and during the hearing by the first to third respondents (the new farmers). More
