The appellant as accused No. 5 appeared before the provincial magistrate with four alleged accomplices on 30 October, 2020 facing a charge of robbery as defined in s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The quintet was placed on remand following which they applied for bail pending trial which was denied by the said provincial magistrate. The appellant filed an appeal against the provincial magistrate’s decision to deny him bail on 13 January 2021. On 15 January 2021, the appeal was set down before FOROMA J whom postponed the matter to 19 January 2020 at... More
Compliance with court orders by some government officials acting in their official capacity is often problematic. This is despite the constitutional provision that obligates all citizens and state entities to observe the rule of law. This case is a clear example of reluctance to comply with a court order. This application is premised on the allegations that the first respondent defied an extant order of this court necessitating filing of the application for contempt of court in terms of r79 (1) of the High Court Rules, 2021. More
Applicant approached this court for a declaratory order and consequential relief. The application was filed on 31 August 2022. Applicant filed all her pleadings with the heads of argument being filed on 13 January 2023 and served on the respondent’s legal practitioners on 16 January 2023. No heads of argument were filed by the respondent. This application was set down for hearing on 26 May 2023. At the commencement of the hearing, respondent’s counsel made the submission that he had not filed respondent’s heads of argument, as such respondent was barred. He then advised the Court that in terms of... More
This is an application for stay of execution brought under a certificate of urgency. The draft order is in the following terms:
“Interim relief sought
1. The 3rd and 4th respondents be and are hereby ordered to stay the sale in execution in matter number HC 1774/15 which is scheduled for the 19th November 2021 pending the return date. More
MAKONESE J: In terms of our law, and in accordance with the provisions of section 25 of the Administration of Estates Act (Chapter6:01), a deceased estate is represented by an executor or executrix duly appointed and issued with letters of administration by the Master. An executor accepts the position of legal representative of the deceased with all the rights and obligations attached to that position. It follows that because the deceased estate is vested in the executor, he is the only person who has locus standi to bring any action relative to property belonging to the deceased estate. Any person... More
The genesis of the application as gleamed from the founding affidavit deposed by Patrick Ndiweni is that the 1st respondent built a primary school and a hospital at Tshelanyemba communal lands which is in Kezi in Matobo District. The primary school was later closed in 1968. In 1981 the Government of Zimbabwe allowed for the setting up of a Secondary School within the premises of the now closed primary school. The 1st respondent, being a church, could not be funded by Government to establish the Secondary School, which was to be a boarding school. The church had no resources to... More
TAKUVA J: This is a court application for review. The relief sought is couched in the following terms;
“a) The purported Review Proceedings chaired by the 1st respondent in respect of a tender carried out by applicant under Tsholotsho North Hunting Concession Tender Number TRDC 03/19 be and are nullified.
b) The 3rd respondent shall pay the costs of this application.”
The grounds for this application are:
1. Gross irregularity in the proceedings.
2. Gross irrationality in the proceedings. More
This is an appeal against the decision of the Appeals Committee that was handed down on 17 July 2015. The Appeals Committee upheld the decision of Disciplinary Committee to dismiss the Appellant from employment. More
On 13th February 2014 at Harare, Arbitrator M. Dangarembizi issued an arbitration award. In terms thereof he dismissed Appellants’ claims against Respondent. Appellants then appealed to this Court. Respondent opposed the appeal.
The grounds of appeal were two-fold as follows,
“1. The Arbitrator erred by claiming that the Labour Act cannot override a clause in the Statutory Instrument which is inconsistent with it until it is repealed and registered with Section 82 of the Labour Act.
The S.I. of Agriculture 393 of 1993 provides that the Agreement or allowances shall not apply to contract employees. This clause contravenes the Labour... More
This is an appeal against eviction whereby the Magistrates’ Court ordered that the appellant (as the defendant in the court below) and all those claiming occupation through her be evicted from stand 40260 Belvedere, Harare. Costs were also granted against the appellant on an ordinary scale. More
The first and second plaintiffs are wife and husband. On 22 November 2013 along Enterprises Road in Harare occurred a motor vehicle accident. The collision was between a motor vehicle driven by the first plaintiff, which belonged to the second plaintiff, and the other driven by the defendant. The defendant was at fault. He paid an admission of guilty fine with the Police for driving without due care and attention. More
It is with a sigh of relief that this matter is finally disposed off. What started off as a simple matrimonial matter dragged on indefinitely as the parties started off parallels apart and the delay was further compounded by factors beyond human control when MrMbidzo fell ill and was hospitalised. More
On 15 December 2006, the appellant appeared before the Magistrates’ Court at Mutare facing one count of contravening section 3 of the Precious Stones Act [Chapter 21.06]. She was found in possession of 157 diamonds, valued at $ 1 669 760-00. She pleaded guilty to the charge and was duly convicted and sentenced to 3 years imprisonment with1 year suspended on conditions. The diamonds were forfeited to the State. The appellant noted an appeal to this court against both conviction and the sentence. At the hearing of the appeal, Mr Mukome for the appellant abandoned the appeal against conviction. We... More
This is an application for review of the Disciplinary proceedings convened by the 2nd Respondent against the Applicant. The application is premised on Section 92 EE (1) of the Labour Act [Chapter 28:01] as read with Rule 20 of the Labour Court Rules, 2017. More
The facts of this matter make very sad reading. In addition to that, the manner in which this matter was handled resulting in such an inordinate delay to bring it to finality compounds the problem. More
