This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court against this Court’s judgment of the 6th May, 2011. More
At the hearing of this matter I upheld the appeal with costs. The following are the reasons for that decision:
1. The sole issue before this court is whether or not the National Employment Council for the Welfare and Educational institutions Appeals Committee (“NECWEl Appeals Committee’) was correct to interfere with the penalty of dismissal imposed on the respondent by the Disciplinary Committee.
2. It is trite that an appeal court will not interfere with the exercise of discretion unless such exercise has been afflicted by a serious misdirection.
3. It has not been proved in this case that the... More
This is an application for quantification of damages. This Court, in an Order dated 23 May 2022, determined that Applicant be reinstated into her former position without loss of salary and benefits. Respondents declined to reinstate her. Hence the present application. More
The parties herein are wife and husband and both concede they have lost love and affection for each other and want a divorce. The plaintiff issued summons out of this court claiming a decree of divorce, custody of the minor children, maintenance and a division of the matrimonial assets. More
Arbitration falls in the realm of alternative dispute resolution. In a jurisdiction like Zimbabwe in which the adversarial approach is used, it is often touted as a better alternative than the winner-take-all approach. However, as this matter will show, there is a long line of litigants who as they are entitled to, seek setting aside of awards in terms of Article 34 of the schedule to the Arbitration Act [Chapter 7:15] More
1. This is an appeal against the whole judgment of the High Court in a matterin which three court applications mentioned hereunder were consolidated by consent and consequently heard at the same time.
2. An application under HC 11481/17 was made by the appellant in terms of r 358 (9) of the Rules of the High Court, 1971 (the rules), for the setting aside of the first respondent’s decision confirming the second respondent as the highest bidder in a sale in execution. The parties in that matter were the appellant, as the applicant, with the respondents being the first, second... More
This is an oral application made in chambers at the instance of the plaintiff on the date set down for a pre-trial conference. On 26 February 2013 the parties appeared before me duly represented by their respective legal practitioners of record for the purpose of holding a pre-trial conference. That pre-trial conference was postponed sine die on specific conditions which were explained to all present. In brief the parties were to convene their own conference with a view to settle the matter. If they failed then they would have to set out those matters which would have been agreed and... More
The applicant and the first respondent are allegedly siblings born to the late Timothy Chirimba, though applicant disputes that first respondent is indeed his father’s son. At the centre of the dispute is an immovable property, stand number 8577 Kuwadzana phase 3 (hereinafter called the property). It is common cause that Timothy Chirimba who died on 22 January 2005 was father to applicant, Letwin Chirimba and Joyce Chirimba. The first respondent claims that he was also a son to the late Timothy Chirimba but this is disputed by applicant. During his lifetime the late Timothy Chirimba was a cooperative member... More
This is an application for absolution from the instance brought in terms of Order 11 Rule 79 (2) of the High Court Rules 1971 on the premise that the plaintiff has failed to prove a prima facie case More
This is an urgent chamber application in terms of which applicants are seeking an interim interdict along the following lines;
“ That the police be and are hereby interdicted from interfering with applicants possession and ownership of their vehicle being a Toyota Registration number ABD 2925 (now registered as ADM1793) and shall forthwith return same to applicants, at any rate within 24 hours of this order.” More
On 7 September 2018 the appellant appeared at Nyanga Magistrates Court facing 1 count of the Road Traffic Act and second count of culpable homicide. Count 1: appellant had no driver’s licence as defined under s 6 (1) of the Road Traffic Act [Chapter 13:11]. It was alleged that on 9 May 2018 and along Chamakowa road 100 m before the main tarred road, Rusape – Nyanga, appellant drove a daff AVM truck, registration number AAH 2186 while not being a holder of a driver’s licence issued in terms of the Act, in respect of such class of motor vehicle. More
At the close of the case for Plaintiff, the 1st Defendant launched an application for absolution from the instance. The application is opposed by the Plaintiff. The Plaintiff issued Summons against the 1st Defendant and others seeking a declaration that 4 Agreements of Sale he entered into with the 1st Defendant in respect of 4 pieces of land situate in the District of Salisbury on 21 April 2016 are valid, legally binding, and enforceable. The 1st Defendant resisted the claim and to that end filed a Plea and a Counter-claim. It later withdrew the counterclaim at the commencement of the... More
The respondent instituted proceedings in the Magistrate Court for an order for the eviction of one Auxillia Muranga and all those claiming right or title through her from some residential premises situate in Masvingo, namely Stand No. 3415 Muchakata Close, Rujeko ‘A’, Masvingo (‘the property’), as well as holding over damages. The basis of the claim was that the respondent had purchased the said property in the wake of the winding up of the estate of the late Esau Tizirai Muranga and further that the property had since been registered in his name. A copy of the deed of transfer... More
This is an application for condonation of late noting of an appeal against the decision of the works council at the applicant’s workplace. The applicant also seeks leave to appeal against that decision of the works council to this Court. More
