The background to the matter is that the employee filed with the court an application for condonation of late filing of a review application in a labour dispute pitting the employee and the employer. On the date of the hearing of the condonation application the employer took 3 points in limine to the effect that the employee had attached an irregular draft notice of review since it was unsigned that the employee had prayed for irregular relief by not praying for an alternative of damages in place of reinstatement and finally that the employee’s matter had prescribed as it was... More
Appellant was employed by the respondent. It is alleged by appellant that he was initially employed on probation for a period of three months with an understanding from the respondent that he would be employed on a permanent basis on expiry of this period. This did not materialise and appellant signed two further fixed term contracts on the understanding that these periods would be taken into account when the employment contract was eventually finalised. Appellant alleges that he thereafter left employment in September 2011. The dispute was subsequently referred to arbitration. The Arbitrator found in favour of respondent. Appellant has... More
Sometime in July 2021 Jeffm Auctions (Pvt) Ltd (first respondent) placed advertisements in the media informing interested parties about a pending public auction to be conducted on behalf of Forestry Commission (second respondent) on 24 July 2021. On offer were a Sanding Machine, Hot Press System and Glue Spreader. Applicant was attracted by the advert and proceeded to abide by the preliminary prerequisites of obtaining a bidder’s card and made payments. On the set date applicant attended the auction and emerged the highest bidder of all the threat lots. What is not clear on the record is why the prices... More
This is an application for an order compelling the first respondent to deliver title deed number 6563/99 and all other supporting documents and for third respondent to facilitate transfer of stand 321 Willowvale Township Harare (“the stand”) to him. More
Applicant has some mining rights in farm number 41 Vuti Karoi, literally, owned by virtue of an offer letter by the first respondent. Inherent in such scenarios is discord and conflict. The second to fourth respondents are cited in their official capacities in their respective portfolios. The second to third respondents are responsible for the issuance and resolutions of disputes of mines and minerals against the underpinnings of the Mining and Minerals Act [Chapter 21:05]. More
Section 14 of the Money Lending and Interest Rates Act, accords protection to borrowers of money in instances where the interest rate agreed to by a lender and borrower exceeds the prescribed rate of interest. It prescribes criminal sanctions for lenders who fail to comply with its provisions More
This an application for a declaratory order. The applicant seeks to have the Deed of Transfer Number 7802/2008 registered in favour of the third respondent in respect of a property known as Stand 19608 Arcadia Township set aside. More
The appellant was employed by the respondent as a Senior Organising Secretary with effect from 19 January to November 2009. On 12 October 2009 the respondent suspended him without pay following allegations of misconduct. More
The applicant was employed as a prison officer stationed at Chikurubi maximum Farm Prison. He was convicted by the senior magistrate at Harare on 14 March, 2018 for contravening s 4 of the Firearms Act, [Chapter 10:09] (unlawful possession). The charge sheet averred that on 18 May, 2016, the applicant unlawfully transferred 9x19mm live bullets or rounds of ammunition to one Allen Matemachani without a valid licence to do so. Apparently the said Allen Mutemachani was an ex-convict whom the accused had come into contact with whilst the former was serving a prison term. It was alleged that the said... More
The applicant is seeking an interdict against the first and second respondents in respect of Stands 8112, and 8114 Warren Park Township of Warren Park, Harare. It wants the two respondents to be ordered to cease any construction operations, remove all construction equipment and not to interfere with its operations on these stands pending the finalisation of the legal proceedings in HCH 7008/23. More
The Applicant in this matter is the 1st Defendant in HC 6212/20. I will refer to the parties in this matter as they are appearing in HC 6212/20 for convenience. On the day of the commencement of the trial, the 1st Defendant indicated that it was desirous to amend its plea. This was after a reluctantly granted previous postponement at the instance of the 1st Defendant. More
The two applicants are undergoing criminal prosecution at Chiredzi Magistrates Courts for holding, using and occupying gazetted land without lawful authority in contravention of section 3(2) as read with section 3 (3) of the Gazetted Land (Consequential Provisions) Act [Chapter 20. 28]. The allegations being that on the period extending from the 4th day of February 2007 to date and at the remainder of Chiredzi Ranch North both Wasara Wasara Ranching Company (Pvt) Ltd and Thomas Garry Warth being former owners of gazetted land, unlawfully held, used or occupied this land 45 days after the fixed date of 20 December... More
The plaintiff is a director of a company known as Donapro Breeders (Pvt) Ltd which was engaged in running a butchery business but has since closed shop. He instituted summons action against the first defendant, the Group Security and Administration Manager of the second defendant, a company involved in the wholesale of meat products, claiming a sum of US$90 000.00 as “damages for wrongful arrest and unlawful detention”, prescribed interest and costs of suit on an attorney and client scale. More
Applicant is the registered proprietor of the Nissan Caravan under seizure. It’s a 2004 model which he purchased for US$3500. Sometime in December 2020 he was hired by Andrew Kaspara to ferry 160 cases of alcoholic beverages of Mozambican origin into Zimbabwe. Applicant was informed by Andrew Kaspara that the goods had been cleared, so he did not know that they were hot. On 23 December, 2020 the loaded motor vehicle was intercepted by Mutare Central Police Station details at Border Streams, Vumba area along the Zimbabwe-Mozambique borderline and both applicant and Andrew Kaspara were arrested for smuggling. Andrew Kaspara... More
