This is an application in terms of which the applicant sued the respondent for relief in terms of the draft order which draft order is couched in the following terms-
“It is ordered that
1. It be and is hereby declared that the purported cancellation and termination of the joint venture agreement is null and void, and that any such cancellation will be valid if done in terms of the following:
1.1 if any party wishing to resile from the joint venture gives the other party 24 months notice, in writing;
1.2 if any and all sums of money owed... More
The applicant is a trust. It was registered on 20 August, 2015. It has, as its main objective, the enhancement of the lives and welfare of vendors and informal traders who operate in Zimbabwe. More
The proceedings herein stem from a decision of the Supreme Court in SC 13/12 setting aside the earlier judgment of this Court in HH 87-2010 and remitting the matter for determination after hearing evidence on two specific issues. The first relates to the rate of exchange applicable at the time when the defendant paid the sum of MK4,819,512 in discharge of the judgment of the Malawi High Court. The second pertains to the rate of interest, if any, applicable to the sum of US$848,662 awarded by the Supreme Court of Malawi. As was specifically pointed out in HH 87-2010, no... More
This is an appeal against the findings of the Appeals Committee which confirmed Appellant’s conviction and dismissal on the following charges;
(1) willful and serious breach of established, documented and published company rules procedures and regulations and standing instructions including till procedures, safety rules security measures, customer care rules and motor vehicle policies amongst others; and
(2) Gross incompetency or inefficiency in the performance of work. More
The facts as borne by the state outline, are that the accused person in the company of his co-accused who did not tender a guilty plea resulting in the separation of trial and the complainant are related. The trio had a dispute over an itel cellphone belonging to the other accused at the complainant’s homestead. It is alleged that though the complainant handed over the phone to the said accused person he was attacked with a machete by the 1st accused on his right hand and further assaulted on the head by the 2nd accused. He sustained severe injuries as... More
1. This is a composite judgment in respect of two applications for bail pending appeal, i.e. Cases No. HC 186/22 and HC 187/22. The applicants in both cases were jointly charged and tried together before the Regional Magistrate Court, sitting in Plumtree. Although each applicant filed his own notice of appeal, they are appealing the same judgment, and they both seek release on bail pending the finalisation of their respective appeals against the same judgment. At the hearing of the applications, applicants were both represented by one counsel. I then heard the two applications jointly and hence this composite judgment. More
The applicants intend to appeal against an arbitral award, which award was issued on the 23rd September, 2013. This application for condonation was filed in this Court on the 2nd May, 2014. This is a delay of 7 months. More
This application for review was filed on 30 September 2013. The grounds for review are;
1. In hearing and determining the matter before her, the Honourable Arbitrator demonstrated that she was motivated by malice.
2. There was gross irregularity in the proceedings, more particularly in that the Arbitrator invoked the wrong Statutory Instrument.
3. There was violation of the rules of natural justice, more particularly the audi alteram parten. More
The appellant was convicted of indecent assault as defined in s 67 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], that he perpetrated on his sister-in-law. The facts upon which the conviction was based on can be summarized as follows:
Complainant was coming from a borehole where she had gone to fetch water. She met the appellant who asked her to wait for her. Considering such a request coming from a brother-in-law inappropriate, she ignored him and went on. He caught up with her, grabbed her by the hand and then fondled her breasts without her consent and... More
This was an urgent chamber application for a stay of execution pending the determination of an application for rescission of judgment. The first respondent took a point in limine that the matter was not urgent. I reserved judgment on that and directed argument on the merits. Towards the end of submissions it seemed the matter could be amicably resolved by treading the middle path. By consent I could order a stay provided the applicant paid security in terms of Order 32 r 246[3]. More
This was an urgent chamber application for a stay of execution pending the determination of an application for rescission of judgment. The first respondent took a point in limine that the matter was not urgent. I reserved judgment on that and directed argument on the merits. Towards the end of submissions it seemed the matter could be amicably resolved by treading the middle path. By consent I could order a stay provided the applicant paid security in terms of Order 32 r 246[3]. It reads: More
This is an appeal against conviction and sentence on a charge of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to nine years imprisonment of which two years imprisonment was suspended for five years on condition that during that period the appellant does not commit any offence that has violence on the person of another or dishonesty as an element and for which he is sentenced to imprisonment without the option of a fine. A further two years imprisonment was suspended on condition that the appellant restituted the... More
Panganai constructed a rabbit cage and placed it on a window. Appellant was opposed to this idea .On 7th November 2021 following the two men’s opposed views on the setting up of a rabbit cage an incident took place. Only the two men were present. After that incident Panganai made a report to the School Head, Mrs Chisipochinyi. His report as related to Mrs Chisipochinyi is as follows. On 7th November 2021 Panganai called Mrs Chisipochinyi and told her that Bvudzijena had struck him on the head and neck using an iron bar. Mrs Chisipochinyi in turn advised Panganai to... More
This is an application for an order of specific performance. The applicant claimed that in February 2001 he had bought the first respondent’s rights, title and interest in the property known as Stand 2851/9 Mutobwe Street, Masvingo[hereafter referred to as the property] for the sum of ZW$250 000-00 which he claimed to have paid in full. The applicant had obtained vacant occupation of the property immediately afterwards. He was still in occupation 12 years later when the matter came up for determination. It being the second respondent’s property, the actual relief sought by the applicant was an order directing the... More
Applicant is employed by as a clerk at Dzivaresekwa 5 Primary School. He was charged with misconduct after it was alleged that he had been involved in what was termed ‘unbecoming and indecorous behaviour’ at the school. He was brought before a Disciplinary Committee which found him guilty. More
