The plaintiff sued the defendant for breach of contract. In its plea the defendant has raised an objection that the matter ought to be referred for arbitration as per agreement of the parties. That objection has been resisted by the plaintiff who also fights back that the objection was not raised procedurally. More
This is a court application brought in terms of s 167(2)(d) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”). The section provides that only the Constitutional Court (“the Court”) may determine whether Parliament or the President has failed to fulfil a constitutional obligation. More
This is an application for bail pending appeal. Applicants appeared before a Regional Magistrate sitting in Bulawayo facing a charge of theft as defined in section 113 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). See Annexure A and B being the charge sheet and state outline respectively. Briefly the facts are that on the 13th of October 2022, the applicants were seen cutting and rolling armoured copper cables at Steam Loc National Railways of Zimbabwe. This occurred around 0300 hours. Applicants were arrested by NRZ security guards who found them in possession of five rolls of armoured... More
1st applicant who holds herself out as the Acting President of the political formation known as the Movement forDemocratic Change (T) , hereinafter referred to as MDC-T, brought this application under a Certificate of Urgency. This is an application for an interdict. More
This is an appeal against the whole judgment of the High Court sitting at Harare upholding the appellant’s conviction and sentence by the Regional Court on a charge of rape. More
The applicant instituted the application in casu seeking an order that:
“1. It be and is hereby declared that no special grant or mining rights may be awarded to the first respondent, or anyone, by the second or third respondents or anyone acting in their stead, in respect of (the) property known as Subdivision 1 of Highway Estate in Makonde District of Mashonaland West Province, measuring approximately 65.60 hectares. More
The plaintiff on 24 February 2011 issued summons out of this court seeking an order of sharing of the assets of the parties on the basis of the common law principle of unjust enrichment. More
On 3rd September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
The brief allegations were that at the material time of the commission of the alleged offence, the appellant was employed by the complainant company as a Sales Manager at its Bulawayo Depot. On 16 December 2020, the appellant instructed the now acquitted accused person, who was a driver employed at the same company together with the appellant, to go and deliver 300 cases of Pepsi Drink at Renkini Country Bus Terminus contrary to an earlier lawful and known instruction to deliver the same consignment to Plumtree Bakery in Plumtree. This second instruction was verbal and was made in the presence... More
This is an appeal against the decision of the Negotiating Committee of the National Employment Council for the Commercial Sector (NECCS) which upheld the dismissal of the Appellant from Respondent’s employment. More
This is an appeal against the decision of the Respondent’s Internal Appeals Officer, which upheld the decision of the Respondent’s Disciplinary Committee dismissing the Appellant from employment. More
1. This is an appeal against the whole judgement of the High Court (“the court a quo”) in which it upheld the respondent`s special plea of prescription and dismissed the appellant’s claim. More
The parties are referred to as in the heading above. The plaintiff is an adult male person of Harare. The defendant is a duly incorporated company which is in the business of offering investments and insurance services among its other portfolios of business. In 1989 the plaintiff took out an insurance policy reference No 7127755 with the defendant. The policy was described as an “Independence Maker Insurance Policy”. More
This is an appeal against the Arbitrator’s decision where he held that the Respondent (employee) had failed to demonstrate that the claimant (the employer) had been in willful default at a quantification hearing before an Arbitrator.
The facts of the case are that the employee left employment in circumstances where he claimed that he had been constructively dismissed and the employer maintained that he had resigned voluntarily from his job. At Arbitration over the constructive dismissal claim the Arbitrator ruled in favour of the employee. At a later stage the employee approached the Arbitrator for quantification of damages of the... More
