The applicant seeks recognition and registration of an arbitral award granted in its favour by an arbitrator. The parties entered into an agreement whereby the respondent would lease the applicant’s service station in Rusape for purposes of selling its fuel and petroleum products. The respondent operates several such service stations countrywide.
[2] A dispute arose between the parties as to when the lease agreement was set to expire. This was after the applicant wrote to respondent advising it of its intention to repossess the premises. Whether the respondent ought to have vacated the premises on the date that applicant argues... More
This is an application for summary judgment.
On 18 January 2010, the plaintiff issued summons out of this court seeking an order evicting the defendant from certain premises situate at number 19 guest Avenue, Alexander Park, Harare. The plaintiff also sought an order compelling the defendant to settle arrear rentals in the sum of US$ 9 500 and holding over damages at the rate of $500-00 per month from the date of summons to date of payment in full. It was the plaintiff’s allegation in the summons that the parties entered into an agreement of lease in terms of which... More
This is an urgent chamber application for a spoliation order that was filed by the applicant on 12 September 2007. It was allocated to me on 13 September 2007 and I set it down for hearing on 18 September 2007. All the respondents filed opposing papers. The applicant did not have an opportunity to file his answering affidavit as the opposing affidavits were filed on 17 September by the fourth respondent and during the hearing by the first to third respondents (the new farmers). More
Appellant appealed to this Court against his dismissal from employment by Respondent. His Heads Of Argument summarised the case as follows;
“1. It is respectfully submitted that Respondent errored (sic) in dismissing Appellant on allegations of incompetence because (to) the job was not done by three surveyors – namely H Chitonje, A Pazvakavambwa and M Mapfumo.
Respondent did not dispute that according to the record of minutes of hearing.
2. We further submit that according to minutes, of (which) it is alleged that Appellant has for a long time been counselled on his shoddy work performance but there is no... More
On 22 September, 2016, we dismissed the above appeal, with each party to bear its own costs. On 16 May, 2017, the appellant wrote a letter to the Registrar asking for the reasons for judgment. This is what prompted us to write this judgment. More
On 22 October 2015 this matter was postponed sine die at the instance of the appellant. Since then the appeal has not been prosecuted giving rise to the impression that the appeal has been abandoned. In terms of section 89 (2) (a) (i) of the Labour Act the court in the exercise of its many functions may decide an appeal on the basis of papers filed of record. It is in the spirit of the above quoted section that the instant judgment is written to dispose of the appeal which was postponed sine die on 22 October 2015. More
As one of his grounds of appeal, Appellant raised the issue of the use of incorrect Code of Conduct. The ground reads:-
“a. We submitted to the hearing committee that we have grave reservations about their employ of the Interfresh Code of Conduct in bringing charges of misconduct against the Appellant.
Our reasoning was based on the mere fact that Section 3 of the Interfresh Code of Conduct provides the following.
The Code of Conduct is applicable to all employees of Interfresh Limited … Managerial up to Senior Management (B1) and none managerial. Employees in grades A4 up to A1... More
on 18th September 2018, I presided over an ex-parte urgent chamber application for stay of execution pending rescission of judgment at the conclusion of which I rendered an ex –tempore judgment dismissing the application. The applicant having appealed these are my written reasons for judgment. More
Up until recently the applicant was a member of the Zimbabwe Prisons and Correctional Services (ZPCS). He was discharged by the Commissioner General of Prisons and Correctional Services, (the second respondent) following disciplinary proceedings conducted under the Prisons (Staff) (Discipline) Regulations, 1984 (‘the regulations”). He now brings this application in terms of ss 26 & 27 of the High Court, [Chapter 7:06] for a review of that decision. He seeks to have it set aside on the basis that according to him the procedure leading to his discharge was marred by several procedural irregularities. More
This is an appeal against the whole judgment of the Magistrates court sitting at Chiredzi (“the court a quo”) dismissing the appellant’s application for an interdict. The applicant had approached the court a quo seeking an order interdicting the first respondent from interfering with his (i.e., appellant’s) utilisation of a 10 hectare stretch of land situated between their respective farms which are adjacent. Both are resettlement farms in the Chiredzi district of Masvingo province, namely Subdivision 3 of Hippo Valley settlement Holdings (Subdivision 3) and Hippo Valley Settlement Holdings Lot 53 (the remaining extent of Lot 53). They were allocated... More
On 28 May 2021, plaintiff caused the issuance of summons against first and second defendants claiming:
(a) revocation of a donation he made in their favour in respect of a piece of land called the Remainder of Lot 135 Athlone Township of Green Grove situate in the district of Salisbury and held under Deed of Transfer 320/2000 also known as 10 Hopley Avenue Athlone, Greendale, Harare (the property).
(b) that third defendant be ordered to register the property in the plaintiff’s name.
(c) that third defendant be ordered not to allow the sale of the property by first and second... More
The background of the matter is that the applicants are involved in on-going litigation with the respondent. The main matter, HC 2173/08, to which the present application for rescission relates was scheduled to be heard on 19 November 2009. The applicants, together with their legal practitioner, did not make an appearance. No explanation was tendered on behalf of both the applicants and their legal practitioner at the hearing. The respondent sought and obtained judgment by default against the applicants in that main matter. The applicants’ legal practitioner later learnt of the judgment against his clients when he made follow-up on... More
This is an application for summary judgment issued by the applicant against the respondent on the basis that the latter has no bonafide defense against the applicant’s claim. More
The applicant is a local authority established in terms of the Urban Councils Act (Chapter 24:03). The applicant is the registered owner of stand 484 Jakaranda Drive, Victoria Falls. The stand is currently being occupied by the respondent. More
