The facts of this matter being common cause the counsels agreed to proceed by way of a stated case. The statement of agreed facts outlines the facts as follows. By written agreement dated the 15th of February 2012, the plaintiff extended a credit facility in the sum of US$50 000.00 to Moonrock Services (Pvt) Ltd. The late Tobias Utsiwegota stood as surety and co-principal debtor for the due fulfilment of all the obligations of Moonrock Services (Pvt) Ltd in relation to its indebtedness to the plaintiff, including payment of legal practitioners’ collection commission and costs of suit on the legal... More
This is an opposed application for summary judgment wherein the applicant prays for judgment in the sum of US$1 514 762-20.
It is common cause that following a credit facility agreement dated 22 April 2004, the applicant offered the respondent an offshore loan facility of US$1 514 762-20. More
This is an application for bail pending appeal against conviction and sentence. The background of this matter is that appellants were charged with one count of robbery in contravention of s126 of the Criminal Law (Codification And Reform) Act [Cap9.23]. It was alleged that on 11 August 2013 at Guhwa village chief Chinamhora, the applicants by use of violence took US$352.00, a nokiacellphone and two packets of yeast from ArtsonKambanje. Nothing was recovered. More
This is an urgent chamber application wherein the applicant sought relief in these terms:
"Interim Relief Granted
First, second and third respondents are:- More
I dealt with this matter as an unopposed application after the respondent which had initially filed a notice of opposition and opposing affidavit did not file heads of argument and did not appear at the hearing despite having been served with the notice of set down. More
The applicant is a Sergeant in the Zimbabwe Republic Police. He is based at Beitbridge. He is facing allegations of theft of a motor vehicle as defined in section 113 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant denies the charge. He has approached this court seeking bail pending trial. The state is opposed to the application. More
The matter was placed before mepurportedly as an application for condonation of late noting of an appeal.
After perusing the record and upon an enquiry with the applicant’s legal practitioner, it became apparent that the applicant was actually seeking condonation for the late filing of an appeal co-joined with an application for review – a two in one approach. Apart from that the court’s enquiry also established that the two i.e. the appeal and the application for review relate to two different arbitral awards – a principal award and a quantification award issued pursuant to the first. This however was... More
This is an appeal against an award in favour of respondents.
Respondents were employed by the appellant on different dates. Their contracts were terminated and they complained of
- non payment of wages
- non payment of cash in lieu of leave
- non-payment of overtime
- Non-payment of holiday allowances
- Unlawful deductions; and
- Non-issuance of soap and show polish.
The matter was not settled at conciliation and was referred to arbitration. More
To borrow from the respondent, it is trite law that before reaching any finding, the court or tribunal must consider all the facts and this must be shown to be done.
Unfortunately in the case before me, it is not clear how the arbitrator reached the conclusion that the respondent had not signed the full and final settlement agreement.
The appellant’s submissions before the arbitrator on p 27 of record raised same point in limine for the two claimants before the arbitrator, that they had already been paid in full and final settlement in terms of agreements signed. More
This is an appeal and a review against an arbitral award handed down on 13 February 2013 which quantified terminal benefits in favour of the respondents. The quantification emanated from an earlier award, handed down on 2 March 2012, in terms of which the appellant was ordered to pay terminal benefits to the respondents. More
This is an appeal against the decision of an arbitrator, declining to grant condonation for the late noting of an application for rescission of judgment. More
The applicant seeks condonation for late noting of an appeal and extension of time within which to note an appeal. The State did not file a response. Despite the non-filing, l am required to consider the application on the merits. The applicant appeared before a Magistrate sitting at Kariba Magistrates Court facing a charge of fraud in contravention of s136 (a) (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).The State alleged that the applicant sold a BMW X4 chassis number WBAXX120500X22929 with an engine number 59835070 to one Bonisani Sithole. The complainant paid US$9600. Unbeknown to the... More
This is an urgent application. This application was filed on the 6 August 2020, when this court was on vacation. On the 7th August 2020, the duty Judge then, endorsed that the matter could not be set-set down for hearing due to lack of time. It was then rolled over to the next duty Judge. On the 21 August 2020, the next duty judge endorsed that the respondent was not in attendance. She was admitted in hospital with the baby, the matter was again rolled over to the next duty Judge. On the 24 August 2020, when I started my... More
The first applicant is a subsidiary of the second applicant. Both companies are Namibian-based.
On 17 August, 2010 the first applicant and the respondents concluded a tripartite agreement in terms of which the first applicant undertook to provide the first respondent with certain software and support services to facilitate provision of free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. In terms of the agreement, the first applicant would procure, for and on behalf of the first respondent, such life cover from the second... More
On 17 August 2011 the first applicant and the respondents concluded an agreement in terms of which the first applicant undertook to license to the first respondent certain intellectual property (“The Trustco Mobile Concept”) which would facilitate the provision of the free life insurance cover to Zimbabwean cellular phone users and customers of the first respondent against the purchase of cellular airtime from the first respondent. An amendment was made to the agreement in January 2011. More
