The applicant is a beneficiary under the government land reform programme (Phase (1) Model A2 Scheme. He has produced an offer letter dated 2 October 2003 duly signed by the then Minister of Lands Agriculture and Rural Resettlement Dr J.M. Made the then acquiring authority in terms of which he was offered subdivision 1 of Arden Estate in Zvimba District of Mashonaland west Province.
Following the recent Constitutional Amendment number 17 which had the effect of government lawfully acquiring the land in question the applicant was again reoffered the same piece of land by an offer letter dated 10th November... More
On 30 November 2005 the first respondent- Bell Inn (Pvt) Limited was granted a spoliation order by GOWORA J in the following terms:
“INTERIM RELIEF GRANTED
Pending determination of this matter, applicant is granted the following relief:
1. That 1st respondent is directed to remove himself and property and all persons holding through him from Arden Estate within 24 hours of the date of service of this order.
2. The Deputy Sheriff is authorised to evict 1st respondent and all persons holding through him from the farm.
3. That 1st respondent is interdicted from interfering with applicant’s farming activities.
4.... More
This is a chamber application for dismissal of an application for stay of execution for want of prosecution in terms of s 236 (3) (b) of the High Court Rules, 1971. More
The plaintiff issued summons claiming:
“(a)Judgment in the sum of $479 215.27(four hundred and seventy nine thousand, two
hundred and fifteen United States dollars and twenty seven cents) as against the 2nd
and 3rd defendants, jointly and severally each paying the other, being amounts paid by
the plaintiff for onward transmission to the 1st defendant which amount, the
defendants unlawfully converted to their own use; More
On 12th June 2012 the Honourable Y Malama made an arbitration award. She ordered Appellant to reinstate Respondent in its employment or pay him damages in lieu of reinstatement. Appellant then appealed to this Court. Respondent opposed the appeal. More
Tavengwa Madangure [“Madangure”] and Emmanuel Enock Masuku [“Musuku”] floated and formed Procadale Investments (Pvt) Ltd [“the company”]. It was incorporated on 7 April, 2004. More
It is within the nature of the contract of purchase and sale for the seller who has received full payment of the purchase price from the purchaser to deliver to the latter the subject-matter of the contract which is commonly referred to as the merx. This is a fortiori the case where the purchaser has, in addition to payment of the purchase price, paid to the seller’s nominated conveyancers the requisite fees for the transfer to him of the immovable property which he purchased. More
This is an application for a mandament van spolie, alternatively, for an order of contempt of court. The first and third respondents filed a counter-application in addition to their opposing papers. The matter was instituted as an urgent chamber application in July 2022. At the hearing of the urgent chamber application on 19 July 2022, an order by consent was granted in terms of which this application was ordered to be consolidated and set down for argument together with Case No. HC 3750/20 which is an application for review in terms of which the applicants herein were seeking the setting... More
This matter came as a court application for an interdict and declaratory order. The initial court found that there was a material dispute of facts and the matter was referred to trial so that viva voce evidence can be led. More
The respondent was employed by the appellant. He referred a complaint of underpayment of wages to the labour officer. The labour officer having failed to conciliate the matter referred it in terms of section 93(5) of the Labour Act [Chapter 28:01] for compulsory arbitration. The terms of reference were for the arbitrator to determine firstly, whether the respondent was being underpaid, secondly, whether, EMhere a consultant had locus standi to represent the respondent in proceedings before the arbitrator and thirdly, to establish appropriate remedy. More
1. This is an application for leave to appeal to the Supreme Court.
2. The applicant was convicted of attempted murder as defined in s 47 as read with s 189(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. The magistrates court sitting at Karoi sentenced the applicant to 4 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour.
4. He appealed against both conviction and sentence.
5. We heard the appeal on 5 September 2022 whereupon, at the conclusion of argument, we delivered an ex tempore... More
This is an appeal against the whole judgment of the Labour Court, which upheld the decision of the appeals board of the National Employment Council Banking (“NEC”) to the effect that the charge preferred against the respondent was inappropriate and that he had been unfairly dismissed. More
On 18th February 2011 the NEC Banking made a determination. In terms thereof Appellant was ordered to reinstate Respondent’s employment without loss of salary and benefits. Appellant then appealed to this Court against the determination. More
This is an application for default judgment.
The application is being made at the Pre-Trial Conference stage. The background to the application is as follows:-
On 13 December 2011 the plaintiff issued summons against the defendants claiming payment of:-
“a) US$1 024 015,97
b) US$408 057,67 being interest
c) US$164,00 being bank charges
d) Interest on the sum of US$1 024 015,97 at the rate of 45% per annum subject
to variation from time to time with effect from the 1st of December 2011 to
date of payment.
e) Costs of suit on a legal practitioner and client scale and... More
