The appellant was convicted on a charge of contravening s 3 (1) (a) of the Sexual Offences Act [Cap 9:21]. He appealed to this court against both conviction and sentence. After hearing submissions from counsel for the parties we upheld his appeal and set aside his conviction and sentence. We indicated that our reasons for judgment would follow. More
Applicant is the biological father of a minor child who is a lower sixth student at first respondent. First respondent is a private school which belongs to an association known as the Association of Trust Schools. The second respondent was appointed to preside over a disciplinary hearing for the applicant’s minor son. More
This is an appeal against refusal of bail by a Magistrate sitting at Karoi Magistrates court on the basis that the appellants are likely to abscond. The appellants appeared before the Magistrate jointly charged with fraud in contravention of s136 of the Criminal Law [Codification and Reform] Act (Chapter 9:23). The 1st appellant is a farmer in Karoi and the 2nd appellant is employed by Agritex.
The background facts are that the 1st appellant misrepresented to the Agricultural and Rural Development Authority (ARDA) that he was capable to farm 20 hectares of sorghum on his farm and 60 hectares of... More
On 7 October 2009 this court granted judgment in case No HC 677/09 in favour of the applicants. The court ordered the ejectment of the respondent from a property known as Stand Number 628 Marlborough Township also known as No. 33 Taormina Avenue, New Marlborough, Harare (the property). Dissatisfied with the judgment, the respondent appealed against the decision More
This is an application for bail pending appeal. The brief facts are that the applicant was arraigned before the Magistrates Court on a charge of assault as defined in s 89 of the Criminal Law (Codification and Reform Act) [Cap 9:23]. The applicant pleaded guilty to the charge and was sentenced to twelve months imprisonment, of which four months were conditionally suspended. The applicant noted an appeal against conviction and sentence.Pending the determination of the appeal, the applicant applied for bail on the following grounds; More
This is a civil appeal against the whole judgment of the Magistrate’s Court sitting at Mutare on 4 December 2019, where the court dismissed an application for eviction of the respondent from a communal home and farming land situated in Manyanya Village under Chief Marange in Manicaland. More
This is an application for summary judgment. The applicant seeks the eviction of the respondent and all those claiming occupation through him from a portion of its land known as Sub-division 1 of TeneriffeKinvarra,Zvimba District [hereafter referred to as the property]. More
This is a court application filed for the removal of the first respondent as liquidator of Willdale Transport Services (Private) limited (Willtrans) together with an interdict against 1st Respondent holding a Special Meeting of the Creditors then set for 20 May 2020 to ratify his decision to sell Willtrans’ assets, or in the alternative, a declaration that the Special Meeting was a nullity and setting aside any resolution which may be passed authorizing or ratifying the sale, and consequently, the sale of the assets having been done unlawfully, the same should be set aside. Finally, the Applicant seeks a mandamus,... More
The plaintiff seeks an order that the defendant’s replace his wife a Toyota Emina Minibus, in the alternative plaintiff seeks that he be reimbursed the sum of US$11, 544-00 as representing the replacement value of the said motor vehicle. The relief sought is opposed by the second defendant. The first defendant has not sought or filed any pleadings in this matter and did not appear at the pre-trial conference, or at the trial. The first defendant is in default having been served with summons. More
After hearing counsel for both parties, the Court dismissed the application with no order as to costs. It was indicated that the reasons for the decision would follow in due course. More
The plaintiff herein claims an amount of US$15,390 as the outstanding balance for service and repair work carried out on the defendant’s Iveco minibus, together with interest at the rate of 2% per month and costs on a higher scale. The defendant disputes claim on the ground that the plaintiff’s work was defective and not in accordance with expected skills and standards. More
: The brief background to the matter is that the parties had an employer-employee relationship from October 2002 to October 2014. During the course of the relationship, the respondent was entitled to the use of a motorvehicle namely Mazda BT50 registration number ABI-6903 (the motor vehicle). The motor vehicle is owned by the applicant. On 3 October 2014, the applicant commenced a procedure to retrench the respondent. More
This is an application for the uplifting of the automatic bar. The applicant had failed to enter an appearance to defend respondent’s summons whichhad claimed payment of an amount of US64 000-00 as damages for breach of contract. The summons had been served on applicant’s sales man, one MisheckSande [Sande]. Sande is said to have passed on the summons to the receptionist. The receptionist was notmentioned. There was no information on what the receptionist had done with the summons. More
DUBE-BANDA J: In this court application, applicant seeks an order to have a caveat registered against the title of Plot 17 and 18 of Greenvale, Bickford, Umsungwe Block, Gweru (Plot 17 and Plot 18), and costs against 1st and 2nd respondent on a legal practitioner and client scale. The application is opposed by the 1st respondent. 2nd respondent filed a consent to judgment. 3rd respondent did not participate in these proceedings, and I take the view that it has taken a position that it shall abide by the order this court. For ease of reference, the parties shall, where the... More
By judgement dated 18th September 2006 referenced LC/H/177/06 this Court ordered Respondent to either reinstate Applicant’s employment or pay him damages in lieu of reinstatement. On 20th January 2010 Applicant filed this application for assessment of damages. After a number of glitches, Applicant finally filed a breakdownof his claim at the end of last year. The claim was denominated in United States dollars (USD). More
