This matter was placed before me as a court application for leave to institute a class action, in terms of s3 of the Class Actions Act [Chapter 8:17], the “Act”. The basis of the application is set out in the affidavit deposed to by the first applicant as confirmed and supported by the second to the fifth applicants More
This is an appeal against the decision of the Magistrates Court sitting at Chiredzi wherein it grantedan application for an interdict against the appellant in the following terms: -
“The application is hereby granted and it is hereby ordered as follows;
1. 2nd respondent whether through agents, employees or representatives are hereby ordered to stop forthwith from accessing Stand Number 4549, Chiredzi Township for purposes of any other business incidental thereto.
2. Each party to bear its own costs.” More
KABASA J: This is an Urgent Chamber Application wherein the applicant seeks the following relief:-
“1. The 2nd respondent and all persons claiming occupation through it shall remove or cause the removal of themselves and all such persons occupying the mining claim being Valentine 56 held under registration number GA 2786.
2. Failing such removal, the Sheriff of this Honourable Court be and is hereby authorised and directed to evict the 2nd respondent and all persons claiming through and under them from the mining claim being Valentine 56 held under registration number GA 2786.
3. The 3rd respondent be and... More
This is an urgent chamber application. The applicants seek a declaration of rights in respect of the land known as Lot 1 of Lot 4AB Nuanetsi Ranch A District of Masvingo. The declaratur sought in respect of its acquisition; offer letters; and the eviction order granted at the magistrate court. More
The background facts to this application are these: - The applicant is said to be the owner of a farm, known as Lot 1 of Lot 4 AB Nuanetsi Ranch A, purchased by a Mr Carl Bradfield from Mutirikwi Sugar Company Private Ltd and held under a Certified of Registered Title “CRT” 4515/2000. The farm was purchased in 1989 and the directors of the applicant and its employees have been in peaceful and undisturbed occupation thereat, carrying out farming activities. In July 2017 the 1st respondent arrived at the farm brandishing an offer letter which gave him subdivision 12 of... More
KABASA J: This is an urgent chamber application in which the applicant seeks the following relief: -
“1. The 1st respondents (sic) and all persons claiming through and under him shall remove, or cause the removal of themselves and all such persons occupying certain piece of land being subdivision 12 of Lot 15 of Nuanetsi Ranch A in Mwenezi District of Masvingo within 24 hours of the service of this order.
2. Failing such removal, the Sheriff of this Honourable Court be and is hereby authorized and directed to evict the 1st respondent and all persons claiming through and under... More
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
