Judgment which I reserved in this matter has delayed owing to my reassignment to the Criminal Division soon after the hearing of the application. The follow up enquiries made by the parties as to when judgment would be ready are acknowledged and noted. The delay is deeply regretted by me and I note for the record my regret to the legal practitioners and parties of this matter for this occurrence. More
After reading documents and hearing counsels I delivered an ex tempore
judgment on the 18th of May 2017 granting the order sought on the following terms-
“IT IS ORDERED THAT:
1. The third respondent, and all those that claim through him, be and are hereby
evicted/ejected from:
CERTAIN piece of land situate in the district of Charter
CALLED the Remainder of Palgrave;
MEASURING one thousand six hundred comma eight six zero seven
(1 600.8607) hectares
and
CERTAIN piece of land situate in the district of Chilimanzi
CALLED Uamvar Estate;
2
HH 370-17
HC 415/14
MEASURING one thousand seven hundred and... More
In 1997Binga Rural District Council resolved that applicant would sell some of its houses to employees of council who had served for a minimum of 10 years. This resolution was communicated to all employees. Respondent indicated her intention to purchase the property being stand number 259 Binga. In October 2007 the parties entered into a lease with an option to purchase agreement. The parties agreed on a purchase price of Z$360 million. The respondent paid a deposit of Z$100 million in two instalments during November 2007. On 31st December 2017 respondent’s contract of employment was formally terminated. Applicant’s employment policy... More
The applicant seeks the rescission of a default judgment that was granted against it on 11 May 2022, under HC 4637/20. That default judgment was granted following the applicant’s failure to file its plea within the period prescribed by the rules of this court. Before the default judgment was granted, the applicant had, on 22 April 2022, filed a chamber application in HC 2676/22 for the removal of the bar operating against it in respect of its failure to file the said plea. The default judgment was therefore granted when the chamber application for the removal of the bar was... More
Applicant seeks a provisional order in the following terms:-
“Terms of the provisional order granted
1. Respondents be and are hereby ordered to forthwith hand over a property listed in Annexture ‘B’ to the founding affidavit to the applicant upon service of this order.
1(a) In the event of the respondents refusing or forbidding to comply with the terms of para 1 above, the Deputy Sheriff be and is hereby authorized to retrieve the said property from the respondents’ property and deliver it to the applicant.
2. Respondents are required to account for one applicant’s property sold prior to 14... More
This appeal was set down in terms of Rule 19 (3)(a) of the Labour Court Rules, 2006. The appellant, being represented by a legal practitioner had not filed its heads of argument in terms of Rule 19 (1)(a) of the Rules. More
On 28 September 2010 I granted an order for summary judgment in favour of the plaintiff. An appeal has now been filed and reasons for my judgment have been requested and these are they.
In this application, the plaintiff seeks summary judgment for an order in the following terms: More
Appellant having been aggrieved by an arbitral award noted an appeal to this court in terms of Section 98(10) of the Labour Act [Chapter 28:01] the Act. More
On 24 April 2014, the City of Bulawayo woke up to the news of the horrific double murder of Mthabisi Dube and his girlfriend Lokukhanya Ncube. Their bodies were discovered in a grass filled drainage at the corner of Intemba and Rangemore Roads in Nkulumane 12. Lokukhanya had her skirt pulled up to her waist, her hands were tied together and the right side of her abdomen was ripped open with a sharp object. Her legs were also tied together. She had a deep cut in the neck. Mthabisi’s hands were tied from behind with a black shoe lace and... More
The applicant in his founding affidavit states that he is a dully consecrated and enthroned Bishop currently heading the Anglican Diocese of Manicaland.
The second applicant is the Anglican Board of Trustees for the Diocese of Manicaland whereas the first respondent is the Church of the Province of Central Africa. More
1. This is an application for bail pending trial. Applicant is being charged with two counts, in count 1 he is charged with the crime of contravening section 45(1) of the Parks and Wildlife Act [Chapter 20:14) as read with section 128(b) of the same Act. It being alleged that on the 19th April 2022,he unlawfully had in his possession six pangolin trophy scales weighing 200 grams. More
This is an appeal that was brought to me via the chamber book. I dealt with the matter in chambers and dismissed the application for lack of prospects of success on appeal. More
It is crucial in this matter to begin with the opposite remarks of WESSELLS J in Whittaker v Ross & Anor1911 TPD 1092 at 1102-1103 that:-
“The object of the court is to do justice between the parties. It is not a game we are playing, in which, if some mistake is made, the forfeit is claimed. We are here for the purpose of seeing that we have a true account of what actually took place, and we are not going to give a decision upon what we know to be wrong facts.” More
1. On the 5th of July 2024 this court granted leave to appeal a decision of this court. The court was desirous to see the issue of jurisdiction that was before it looked at by a superior court of more than one Judge. This was clearly espoused to the parties. A few days after the order granting leave was issued there was a request for reasons for the order. This was not really surprising as the parties had had two bruising battles which clearly showed that there would be a long and arduous fight. More
