This is an application for the cancellation of title deeds issued under No DT3150/18 and No DT3139/18 in favour of the 1st and 2nd respondents for the immovable property commonly known as Stand 157 Meyrick Park Township. Lot 109 of Meyrick Park, Mabelreign, Harare, less undivided 7,7% share No. 8 in Stand 157 Meyrick Park, Mabelreign, measuring 3997 Square Metres, in terms of Sec. 8 of the Deeds Registries Act, [Chapter 20:05] More
This is an appeal against a judgment of the High Court which dismissed an appeal mounted by the appellants after their conviction by the magistrates court on a charge of contravening s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], (the “Criminal Code”). Pursuant to the conviction, each of the appellants was sentenced to a term of 24 months imprisonment with six months being suspended on conditions of good behavior. More
This matter was set down as an application for review at the instance of the applicant employees in a labour dispute pitting them and the respondent employer. The employees raised a point in limine that there was no legal persona before the court in the form of the cited respondent.
The employer in response was adamant that it is a legal persona and if the court were to conclude that it was not it then prayed that the review application be consequently struck off the roll as being bad at law it being process against a party not legally recognisable.... More
The appellant was convicted on a charge of contravening s 3 (1) (a) of the Sexual Offences Act [Cap 9:21]. He appealed to this court against both conviction and sentence. After hearing submissions from counsel for the parties we upheld his appeal and set aside his conviction and sentence. We indicated that our reasons for judgment would follow. More
Applicant is the biological father of a minor child who is a lower sixth student at first respondent. First respondent is a private school which belongs to an association known as the Association of Trust Schools. The second respondent was appointed to preside over a disciplinary hearing for the applicant’s minor son. More
This is an appeal against refusal of bail by a Magistrate sitting at Karoi Magistrates court on the basis that the appellants are likely to abscond. The appellants appeared before the Magistrate jointly charged with fraud in contravention of s136 of the Criminal Law [Codification and Reform] Act (Chapter 9:23). The 1st appellant is a farmer in Karoi and the 2nd appellant is employed by Agritex.
The background facts are that the 1st appellant misrepresented to the Agricultural and Rural Development Authority (ARDA) that he was capable to farm 20 hectares of sorghum on his farm and 60 hectares of... More
On 7 October 2009 this court granted judgment in case No HC 677/09 in favour of the applicants. The court ordered the ejectment of the respondent from a property known as Stand Number 628 Marlborough Township also known as No. 33 Taormina Avenue, New Marlborough, Harare (the property). Dissatisfied with the judgment, the respondent appealed against the decision More
This is an application for bail pending appeal. The brief facts are that the applicant was arraigned before the Magistrates Court on a charge of assault as defined in s 89 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The applicant pleaded guilty to the charge and was sentenced to twelve months imprisonment, of which four months were conditionally suspended. The applicant noted an appeal against conviction and sentence.Pending the determination of the appeal, the applicant applied for bail on the following grounds; More
This is a civil appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 4 December 2019, where the court dismissed an application for eviction of the respondent from a communal home and farming land situated in Manyanya Village under Chief Marange in Manicaland. More
This is an application for summary judgment. The applicant seeks the eviction of the respondent and all those claiming occupation through him from a portion of its land known as Sub-division 1 of TeneriffeKinvarra,Zvimba District [hereafter referred to as the property]. More
This is a court application filed for the removal of the first respondent as liquidator of Willdale Transport Services (Private) limited (Willtrans) together with an interdict against 1st Respondent holding a Special Meeting of the Creditors then set for 20 May 2020 to ratify his decision to sell Willtrans’ assets, or in the alternative, a declaration that the Special Meeting was a nullity and setting aside any resolution which may be passed authorizing or ratifying the sale, and consequently, the sale of the assets having been done unlawfully, the same should be set aside. Finally, the Applicant seeks a mandamus,... More
The plaintiff seeks an order that the defendant’s replace his wife a Toyota Emina Minibus, in the alternative plaintiff seeks that he be reimbursed the sum of US$11, 544-00 as representing the replacement value of the said motor vehicle. The relief sought is opposed by the second defendant. The first defendant has not sought or filed any pleadings in this matter and did not appear at the pre-trial conference, or at the trial. The first defendant is in default having been served with summons. More
After hearing counsel for both parties, the Court dismissed the application with no order as to costs. It was indicated that the reasons for the decision would follow in due course. More
The plaintiff herein claims an amount of US$15,390 as the outstanding balance for service and repair work carried out on the defendant’s Iveco minibus, together with interest at the rate of 2% per month and costs on a higher scale. The defendant disputes claim on the ground that the plaintiff’s work was defective and not in accordance with expected skills and standards. More
: The brief background to the matter is that the parties had an employer-employee relationship from October 2002 to October 2014. During the course of the relationship, the respondent was entitled to the use of a motorvehicle namely Mazda BT50 registration number ABI-6903 (the motor vehicle). The motor vehicle is owned by the applicant. On 3 October 2014, the applicant commenced a procedure to retrench the respondent. More
