On the 27th July 2023 this Court issued an order which struck off the roll applicant’s application for leave to appeal “as it was filed out of time.” On the 15th July 2024 applicant requested reasons for the order. More
This is an application for the removal of the Executrix Dative on the grounds that the first respondent has abdicated her duties since her appointment in 2014 to administer the estate of the late Remusi Machokoto. More
On 24 March 2009, the first defendant consented to the substitution of the plaintiff for her husband who died after litis contestatio. The full history of this case is reported in Chikadaya v Chikadaya & Ors 2000 (1) ZLR 343 (HC) and its sequel cyclostyled judgments of Chikadaya v Chikadaya & City Council of Harare SC 58/2001 and Chikadaya v Chikadaya & City Council of Harare HH 1 /2002. More
This is an appeal in terms of s 68J of the Administration of Estates Act [Chapter 6:01] against the Master’s finding that the first respondent was a customary law wife to the late Josphat Whacha. More
Sometime in May 2018, second respondent purchased a certain piece of land in the District of Charter, called Wiltshire 1010, commonly known as Farm 1010 Wiltshire Chivhu (the property|). The Deed of Transfer was executed at Harare on 13 May, 2019. Second applicant took occupation of the property without second respondent’s consent, attempted to erect illegal structures and also placed cattle on the property which are interfering with the developments the second respondent is desirous of constructing. Despite being notified of second respondent’s ownership of the property, second applicant has failed, neglected or refused to vacate the property. Second respondent... More
The plaintiff and the first defendant were partners in a computer software business. The two successfully tendered to supply the National Social Security Authority (NSSA) with some computer software that NSSA required for its operations. The first defendant did not possess the requisite skills and expertise to secure the contract and so it roped in the plaintiff to complement its capabilities and chances of securing the contract. The plaintiff and the first defendant entered into a revenue sharing agreement in anticipation of the payment of the fees for the services to be rendered to NSSA. The plaintiff contends that the... More
These matters were all set down before me for the hearing of certain preliminary issues arising out of the service of election petitions subsequent to their filing by the petitioners. As the issues before me were concerned with legal disputes I found it convenient to have the matters set down for hearing at the same. In order to accommodate counsel I heard the last three matters in the morning and the first two in the afternoon. I also, for the sake of convenience, decided to do a composite judgment of all the matters. The question in all five matters was... More
This is an appeal against sentence imposed following the conviction of the appellant on charges of stock-theft as defined in S 114 of the Criminal Law (Codification moreover, Reform) Act [Chapter 9:23]. The appeal pertains to three records which were tried separately. These are CRB GT 96/17, CRB GT 592/1, and CRB GT 604/17. The first two records have already been considered by this court in the exercise of its review powers following the referral of the records in terms of s 57 of the Magistrate Court Act. This Court is
not going to interfere with the review decision made... More
The applicant filed an urgent application for stay of execution having learnt, through an advertisement, of an intended auction sale of their immovable property at the instance of the first respondent the AFC Commercial Bank (sic). The auction is to be held on 9 December 2022. The applicant borrowed some money from the Bank under an agreement which in terms of s 38 (2) (3) (4) and (5) of the Agricultural Finance Act [Chapter 18:02] as read with the Second Schedule of the Act, allows the Bank in the event of default, to sell property used as security without further... More
This appeal arises out of the award by an arbitrator made in favour of the respondent.
The facts of this case are common cause. They are as follows. The appellant engaged respondent on a fixed term contract for the period 4 March to 4 August 2015 as a tobacco buyer. Three months into the contract on 7 June 2015 the appellant terminated the contract on the basis that there was no more tobacco to buy. The respondent referred the dispute to a labour officer and subsequently the parties appeared before an arbitrator. More
Respondent was employed by the Appellant as a Security Guard. On 14th October, 2012 he went on to an address in Borrowdale where he was to perform his duties. He alleges that no one opened the gate for him and he decided to return home without notifying his superiors. He was charged and convicted of breaching Clause G of paragraph 4 of the National Employment Code of Conduct, SI 15/2006, habitual and substantial neglect of duty. Respondent had previously in 2010 left the premises he was guarding unattended without notifying his superiors. Respondent did not deny any of the incidences.... More
This is an appeal at the appellant employer’s instance against an arbitration order which ruled that it was supposed to refund the respondent employee $12 000 deducted by ZIMRA from his package.
The background to the matter is that the respondent who was in the appellant’s employment signed an employment contract which provided that the appellant would pay on his behalf all tax obligations incurred by him. At termination of the employment the parties signed yet another agreement which spoke to the fact that the respondent would not be liable to pay tax under the Zimbabwean law.
ZIMRA deducted income... More
This is an appeal against an arbitral award handed down on 17January 2011in which, after finding that the Appellant’s suspension was a nullity the Arbitrator directed that the Appellant be reinstated without loss of salary and benefits from the date of suspension i.e. 8th September 2010. More
This is a chamber application for an order for leave for direct access to the Constitutional Court (“the Court”) in terms of r 21(2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). More
