The plaintiffs are trustees of the Leonard Cheshire Homes Trust, a trust established in terms of the trust laws of Zimbabwe. The Trust was established in 1981. The trustees, were appointed at different stages, as will be clarified in the judgment. The main objective of the trust as provided in clause 3 (i) (a) of the Deed of Trust is, More
This matter commenced as an action against seven (7) defendants by the two plaintiffs seeking:-
1. a permanent interdict barring the defendants from reproducing, selling or offering for sale exporting or otherwise dealing in their plaintiffs’ works.
2. an order that defendants account for all the profits from infringing plaintiffs’ works.
3. damages calculated at 50% of the profits made by the defendants from infringing plaintiffs’ works for the period 12/02/2009 to date of summons.
4. attachment and delivery up of all infringing copies or articles presently in defendants’ possession and five costs of suit at the attorney and own... More
From 10 to 19 December 2015 the 2nd respondent embarked on an institutional special investigative audit report at the 1st respondent’s institution following complaints that 1st respondent’s, the City Council employees were being owed salary arrears of eighteen months. Obviously the report by the Ministry was adverse and revealed anomalies committed by Mutare City Council. The applicant accessed the investigative report and offered to assist the City Council. The City Council refused and the applicant wrote threatening letters to 1st respondent and indicated to Municipality of Mutare that it was going to advise residents to boycott payment of utility bills... More
KABASA J: This is an application for rescission of judgment, a judgment granted under case number HC 2167/19 on 10th September 2019. The application is brought in terms of rule 449 of the High Court Rules, 1971. The applicants contend that the judgment was erroneously sought and erroneously granted as the 1st respondent cited therein was deceased at the time of the filing of the application and the subsequent granting of the same. The 2nd respondent cited therein was not served with the application and so could not have been adjudged as being in default. Had the Judge who granted... More
DUBE-BANDA J:
[1] This is a summary judgment application. At the moment this matter was called out, Mr Gumiro counsel for the respondents stood up intending to raise some preliminary issues for consideration by the court. Ms. Mahere counsel for the applicant objected indicating that counsel for the respondents had no right to begin. However, I allowed Mr Gumiro to place on record the preliminary issues he sought the court to consider.
[2] Mr Gumiro raised two preliminary issues; the first was that the seventh respondent is now deceased and no executor has been appointed to be substituted for him... More
This is an application for maintenance pendente lite and for contribution towards costs in litigation. The parties were married in 2013 and have three minor children. They no longer stay as husband and wife. The wife had moved out with all the children and is renting accommodation elsewhere. The parties have a pending divorce action. The applicant is not formally employed but is the custodian and primary caretaker of the children on a day to day basis. The respondent, her husband, is a managing director of a company. What applicant seeks are the following sums of money:
$ 5 000.00... More
This is a vindicatory action by the plaintiff who seeks to vindicate her house from defendant who is in occupation without her consent. After hearing all the evidence I granted the following order.
“Judgment be entered for the plaintiff against the defendant for:-
(a) An order evicting the defendant from No. 5 Chester Place, Hillcrest, Bulawayo and delivery thereof of the said property unencumbered.
(b) The defendant’s counter-claim be and is hereby dismissed.
(c) Each party to bear its own costs” More
On 8 February 2018 the High Court delivered a judgment in respect to this matter. The appellant noted the present appeal against the decision of the court a quo which imposed a penalty of death against the appellant for the murder of two deceased persons. More
This is an appeal against the sentence imposed on the appellant following his conviction on a charge of fraud as defined in s 136 of the Criminal Law) Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 12 months imprisonment of which 4 months imprisonment was suspended for 5 years on condition that the appellant does not within that period commit an offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. More
This is an application for leave to appeal to the Supreme Court at the instance of the applicant employee. Background to the matter is that the employer the bank successfully appealed to the labour against a reinstatement order made by the NEC Appeals Committee for the banking sector in a labour dispute pitting the employee and the bank. The employee was irked by the success of the appeal so he now wants to approach the Supreme Court on appeal. It is in the light of such intent that he seeks leave from this court to approach the Supreme Court on... More
This is an urgent chamber application wherein the applicant seeks the following interim relief:
“Pending the return date, the applicant is granted the following relief:
1. The execution of the writ of execution under HC 1430/17 issued on 2nd December 2021 by the Registrar of the High Court be and is hereby stayed.
2. The 2nd respondent be and is hereby interdicted from ejecting applicant from remaining extent Lot B Lower Rangemore, Umguza as per Notice of Removal dated 7th December 2021.
The final order sought should the interim relief be granted is:
1. The Certificate of Registration issued by... More
[1] This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court. The appellant, Thembani Lunga, is a tenant at Flat 5 Sanlee Court, Bulawayo ("Flat 5"). The appellant was initially represented by a firm of legal practitioners, who have since renounced agency. The respondent, Rita Yvonne Sher, is the owner of Sanlee Court. The appellant and the respondent concluded a lease agreement in respect of Flat 5. In terms of this lease agreement, the appellant had to pay a rent of USD250.00 a month and his pro rata share of the operating costs.... More
This is an application for bail pending trial. It is opposed by the state. The applicant faces one count of murder. It is the state’s allegation that the accused committed the offence with one Cabangani Mathe. In fact, what the state alleges is that accused procured the deceased and handed her over to Cabangani Mathe who took the deceased to a spot in Botswana and murdered her. More
