On 4 August, 2022, Applicant filed an urgent chamber application for spoliation and interim interdict. The founding affidavit was deposed to by the director of the applicant, Ariginero Muzeya (Muzeya). He gave the following factual background. Applicant and the landlord entered into a lease agreement in 2002 for shop number 4 at Patrick Court in which a Sports Bar was operated. Business and popularity increased and space became an issue. In 2014 they entered into an addendum to the lease agreement whereby applicant leased shop number 5 as well. The two shops were combined into one sports bar.Everything was going... More
This matter was placed before me as an urgent chamber application. The applicant seeks the following order.
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms;
1. The two cases, case no. HC 7459/18 and HC 752/17 shall be consolidated and tried together as one action.
2. Costs of this application shall be determined in the application for consolidation case no. HC 6659/20.
INTERIM ORDER GRANTED
Pending the confirmation or discharge of this order or resolution of the dispute between the parties, applicant is... More
This matter is centred on an application for a declaratory order in the following terms:-
“IT IS ORDERED THAT
1. The application be and is hereby granted.
2. Applicant be and is hereby declared the legitimate holder of the demarcated rural stand in Mpandawana Village, Chief Gutu.
3. Respondent and all those claiming rights through him be and are hereby interdicted from executing the writ of execution issued in 2015 against the property of the applicant.
4. The parties be and are hereby ordered to maintain the boundaries demarcated by Chief Gutu against their stands.
5. Respondent be and is... More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 29 April 2020, applicant appeared before the Gwanda Magistrates Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction, with the personal consentof the Prosecutor – General, to entertain hisbail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on 24th July 2021. It was placed before me and I directed that it be served on the respondents together with a notice of set down for 30th July 2021. The application is opposed by the 1strespondent. 3rdrespondent appeared in person, not to oppose the application, but to explain reasons behind certain decisions that he made which have a bearing on this matter. Applicant seeks an order couched in the following terms: More
The applicant is the father of a minor child born out of a relationship with the respondent. On 15 December 2016 the respondent was granted a default judgment against the applicant by the Magistrates Court at Harare sitting as a maintenance court. More
This is an application for the review of arbitral proceedings conducted by Honourable L Denhere, in terms of which the applicant’s claim that he was unfairly dismissed was held to be without merit.
The facts forming the background to this case are common cause.
The applicant was employed by the respondent as Printing Press Manager. He was so employed on a four year fixed term contract, running from July 2011 to July 2015.
The contract was terminated by the respondent through lapse of time. It had reached its full term. Before the expiry of the contract, the applicant was given... More
This is a claim for provisional sentence instituted in terms of Rule 14 (1) of the High Court Rules, 2021. The claim is for payment of the sum of US16 000 together with interest at the prescribed rate from the date of summons to the date of payment.
The claim is based on arbitration award granted by a designated agent in terms of section 63 (3a) of the Labour Act (Chapter 28; 01). The award was granted by F. Chitsenga on 22 August 2022. In terms of the document an amount of US10 000 is payable to the plaintiff in... More
The appellant was convicted after a trial of contravening section 113 (2) (d) of the Criminal Law Codification and Reform Act [Chapter 9:23) and sentenced to 12 months imprisonment of which 6 months were suspended on condition of good behavior. The remaining 6 months were suspended on condition appellant paid restitution to the complainant in the sum of US$1 400 on or before 30 June 2017. More
This is an application for bail pending trial. Applicant is being charged with the crime of robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23].It being alleged that on the 25th November 2021, using fire arms applicant and some accomplices robbed a cash in transit Fawcet Security vehicle travelling from Bulawayo to Harare. It is contended that US$305 290.00, three cell phones with buddie and net one lines, CZ pistol HO8 with a magazine of six rounds valued at USD$450 00 were stolen during the robbery. More
This is an application for summary judgment in terms of order 10 r 64 of the High Court Rules 1971. It is based on the followingfacts, “On 20 March 2013, the applicant caused summons to be issued for an order compelling the first respondent to pay the applicant the sum of US$162 870-24 and interest thereof at the rate of 13% per month capitalised on a monthly basis reckoned from the 20th day of March 2012 to the date and month of full payment. More
This is an appeal against the respondent’s appeals officers’ decision to find the appellant guilty and to dismiss him.The appellant was employed by the respondent as a driver. He was a member of the workers’ committee. He was charged with acts of misconduct it being alleged that he had contravened section 15.9.1. failure to fulfill the expressed or implied conditions of the contract of employment or any breach of the employment contract. More
