Applicant was arraigned before the Magistrates Court sitting at Beitbridge on a charge of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act (Chap 9:23). Applicant pleaded not guilty to the charge and was duly convicted at the end of a full trial. Applicant was sentenced to 60 months imprisonment with 36 months suspended on the usual condition of future good conduct. A further 4 months were suspended on condition of restitution. Aggrieved by the conviction and sentence, applicant lodged an appeal with this court. This is an application for bail pending appeal. The application... More
This is a chamber application in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013) (“the Constitution”), as read with r 21(2) of the Constitutional Court Rules SI 21/2016 (“the Rules”), for an order for leave for direct access to the Constitutional Court (“the Court”). More
This is an application for leave to appeal in terms of r 60 of the Supreme Court Rules 2018. The applicant was denied leave to appeal by the Labour Court on 3 July 2020. Aggrieved by the denial for leave he has applied to this Court. More
This is an appeal against the whole judgment of the Labour Court sitting at Bulawayo handed down on 19 September 2011 in case number LC/MT/28/10. Leave to appeal and condonation of late noting of appeal as well as extension of time within which to note an appeal were granted by this Court on 26 February 2016. More
This is an appeal against both conviction and penalty. The appellant was charged in terms of section 4 paragraph (a) of the model code of conduct Statutory Instrument 15 of 2006 which reads;
“4(a) any act of conduct or omission inconsistent with the fulfillment of the express or implied condition of his/her contract”. More
In this appeal the respondent raised a point in limine to the effect that ground of appeal No 1 was not a ground of appeal but one of review. The grounds read-
1. The Hearing Authority erred procedurally in inviting the parties to file closing submissions immediately after the closure of the Complainant’s case without putting the Appellant to his defence and allowing him to be cross- examined.
2. The Hearing Authority erred at law in retaining a verdict of guilty in the absence of evidence on a balance of probabilities to that effect seeing as:
2.1 There were clear... More
Plaintiff issued out summons against the defendant claiming $110 250 being the total price of seed maize from 63 hectares of the crop covered by an insurance policy issued by the defendant. More
The first appellant, Firinne Trust, is a trust incorporated as such by deed of Trust under the laws of Zimbabwe and registered with the Registrar of Deeds. It trades as Veritas, which is the second appellant herein. The first respondent, is the Zimbabwe Electoral Commission, (ZEC), established in terms of s 238 of the Constitution. Although it is established under the Constitution it carries out its mandate in terms of the Electoral Act [Chapter 2:13], the (“Act”). The second respondent, the (“Minister”) is the government official assigned the administration of the Act. The third respondent, (“the Attorney-General”), is the legal... More
1. On 31 August 2018, the Administrative Court handed down a judgment against the appellant. The judgment dismissed with costs, the appellant’s appeal to that court. The appellant had appealed against a decision of the first respondent declaring her to be unsuitable to be associated with a company or partnership which practices as an estate agent, barring the appellant from any such association or being employed by any such company or partnership and lastly, ordering her to reimburse the sum of US$120 000.00 to one Nancy Yu Ling Long. More
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
