The applicant is a female adult aged 31. She was arrested on 16 June 2011 on allegations of theft of motor vehicles. She has an infant aged six months who is incarcerated with her in prison. She has approached this court for her release on bail pending trial. More
The applicants applied for the nullification of a will of their late father that they purported was a forged one. In the will, the deceased, John Munemo Matunga bequeathed his entire estate to the first, second and third respondents who are his grandchildren. The applicants alleged that the signature(s) on the will differed from that on a cession agreement that was signed by the deceased in 1982. More
Respondents were employed by Appellant as builders on fixed term contracts from February 2008 until August, 2012. Respondents had several such contracts renewed at intervals. Respondents’ contracts of employment were terminated and the matter was brought before the National Employment Council for the Construction Industry for conciliation and subsequently to an Arbitrator. More
This is an application for leave to sue a company in liquidation brought under section 213 of the Companies Act [Chapter 24:03] by the applicant against the respondents.
The applicant is a company duly incorporated and registered in terms of the laws of Zimbabwe.
The first respondent is cited as the provisional liquidator of the second respondent.
The second respondent is a duly incorporated company which is currently under liquidation with the first respondent as the liquidator as a result of the order of this court of 1 November 2012.
The detailed background to this case is stated hereunder. More
The applicants filed an urgent application seeking a provisional order whose final and interim relief were couched as follows:
TERMS OF FINAL ORDER
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That the respondent’s decision to cancel 1st applicant’s premises licence and to disqualify the 2nd applicant from dealing with medicines of (sic) being a Director of any pharmaceutical business for a period of twenty four months of 12 July 2018 be and i.e. hereby set aside pending the hearing and determination of the 1st and 2nd... More
On 11 July 2008, Vimbai Chidavaenzi, (“Vimbai”), appeared before the magistrates’ court, to answer to a charge of contravening section 4 of the Shop Licences Act [Chapter 14.17]. It was alleged in the charge sheet that from January 2008, the accused unlawfully conducted the business of selling goods at number 18 Lyton Road, Harare without a valid shop licence. It is not clear on the record in what capacity Vimbai appeared before the trial court. I say so because while her name was typed on the charge sheet as the accused person, the trial magistrate endorsed the name “Karima Investments”... More
The following facts are common cause:
1.
Appellant worked for Respondent as a Property Manager.
2.
At the material times she was responsible for the Eastgate complex in Harare.
3.
The complex contained office space, a food court and retail business.
4.
Respondent leased space at the food court to a company called Opticare.
5.
Opticare then set up and ran a business called Captain’s Grill at the food court.
6.
Appellant’s husband Mr Allan Vutuzah, wasconnected to Opticare.
7.
The connexion led in due course to charges of misconduct being laid against Appellant by Respondent. More
This matter has had a long and winding history before this court. There have been a multiplicity of cases that have been filed before this court which all related to the immoveable property in question since 2001 which have all contributed to the delay in the finalization of these cases. The matter was further delayed by the death of the second respondent as it became necessary for his wife to be appointed executor of his estate and for her to be substituted in his place. The fourth and fifth respondents who were not party to the proceedings in case number... More
The plaintiff in her capacity as the Executrix Dative in the Estate of the late Nayison Mashavave DR 419/14 who died on the 24th February 2009 at Harare issued summons against the defendants claiming for orders declaring that Stand 8519 Glen View 8, Harare, belongs to the estate of the late Nayison Mashavave, that Stand 8519 Glen View 8 Harare be removed from the Distribution Account of the Estate of the late Richard Garikayi Chakabva, that within seven (7) days of service of this order, the defendants sign all necessary documents to transfer the Stand 8519 Glen View 8 Harare... More
At the conclusion of the oral submissions the court dismissed the appeal stating that there was no merit. Appellants’ legal counsel has requested for written reasons therefor. The following are the reasons.
Appellants were employed by respondent in various capacities at its Marondera Offices. It is alleged that appellants were assigned duties to assist in the distribution of agricultural inputs, namely fertiliser, to farmers in the area. It is alleged that the appellants received bags of fertiliser which they were not entitled to but should have been distributed to farmers who did not attend on the particular date of the... More
This appeal is against part of the judgment of the High Court upholding a plea of prescription. After perusing the documents filed of record in this matter, it was the unanimous view of the court that the appeal had merit. More
This is an appeal against both conviction and sentence consequent to the Regional Court’s decision convicting the appellant on three counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code). He was sentenced to 10 years imprisonment on each count with a third of the total sentence suspended for 5 years on the usual conditions of good behaviour to leave the effective sentence at 20 years imprisonment. More
This judgment will dispose of bail application No B 1907/20 and application for condonation of late noting of appeal CON 420/20. The background facts to the two applications is that the applicant together with his two co-accused appeared before the regional magistrate at Marondera Magistrates Court facing three counts of robbery as defined in s 126 (1) (a) (b) of the Criminal Procedure and Evidence. The details of the charges were, firstly, that in count one, it was alleged the three acting in common purpose and by intentional and unlawful use of violence and stabbing the complainant with a knife... More
I dismissed the applicants bail application pending trial on 29 December, 2016. I indicated then that I would provide reasons for my decision in due course. The applicants’ legal practitioner has by letter dated 9 January 2017 made a follow up on the promised reasons for my order. I set them herein below. More
Before me, are two matters involving the same parties and based on the same facts. Case number LC/MS/REV/06/15 is the application for review whilst LC/MS/31/15 is the appeal. For the convenience of the court I have consolidated the judgments in these matters into one, whilst dealing with the application for review first and the appeal, thereafter. More
