The petitioner was the ZANU (PF) Parliamentary candidate for the Zaka North House of Assembly Constituency in the harmonized general elections held on 29 March 2008. The first respondent was the MDC-Tsvangirai candidate in the aforesaid elections. He resides at number 7453 Tsvoritsvoto Street Chesvingo, Masvingo. The second respondent is a constitutional body responsible for the running of the elections. More
The events leading to his arrest as captured in the papers filed of record are the following. Part of applicant’s responsibilities as a security guard in the employ of the complainant company include among others driving a “cash in transit van”. On the fateful day, the 25th of November 2021, he was the driver of one such vehicle namely an Isuzu van en route from Bulawayo to Harare. His co-crew consisted of three other fellow employees namely Thomas Chisambadzi, Langelilile Moyo and Emmanuel Nhamo. Their mission being to safely deliver the aforementioned sum of money to Harare. For reasons that... More
Introduction
1. This is an application for rescission of judgement. The order sought to be rescinded was granted by consentin case number HC 1981/18 on the 23rd August 2018. In this application applicant seeks an order couched as follows:
i. The application for rescission of an order by consent be and is hereby granted.
ii. The divorce order by consent granted on the 23rd August 2018, under case number HC 1981/18 be and is hereby rescinded in as far as the property sharing is concerned.
iii. The respondent be and is hereby ordered to pay costs on a legal practitioner... More
DUBE-BANDA J: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]. The allegations from which the charge of murder arises are set out in the Police Form 242, a Request for Remand Form, which states that: on the 16 January 2021, applicant in the company of three accomplices, who are at large, assaulted one Remember Moyo (deceased), with a metal object resulting in him collapsing. He was further assaulted with axes and a metal object. Nomalanga Sibanda (companion),... More
The applicant and his co-accused who is not part of this application were indicted before this court on a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) act [Chapter 9:23]. It being alleged that on 16 January 2021 they struck the now deceased on the head with a metal bar intending to kill him or realizing that there was a real risk or possibility that their conduct may cause his death continued to engage in that conduct despite the risk or possibility. More
The right to personal liberty is enshrined under section 49 (1) of the Constitution of Zimbabwe (Amend No. 20) 2013, which provides as follows:
“(1) Every person has the right to his personal liberty which includes the right –
(a) not to be detained without trial;
(b) not to be deprived of their liberty arbitrarily or without just cause.” More
On the 14th January 2019 the country was rocked by demonstrations in most of the major cities in Zimbabwe. The demonstrations were characterized by looting of shops, destruction of property and widespread acts of hooliganism at a scale never seen before. For a period of four days roads into the major cities were barricaded and motorists were forced to abandon their normal routes. Scores of workers stayed in doors in their homes in a campaign dubbed “Shutdown Zimbabwe”. The applicants are all residents of the City of Gweru. The applicants are facing allegations of contravening section 36 (1) (a) of... More
The applicants have approached the Court in terms of s 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), which provides that any person who alleges that any of the fundamental rights and freedoms enshrined in Chapter IV has been, is being or is likely to be infringed may approach a Court, seeking appropriate relief, which a court has a discretion to grant. More
This is an application for reinstatement of an application for confirmation of the draft ruling under case No. LC/H/LRA/679/18.
This matter had been struck off the roll by this court on 13 February 2019 the reason being that the applicant had cited a wrong Section of the application for confirmation of the draft ruling in both the application letter and founding affidavit. Applicant had cited Section 93 5 (a) (b) instead of Section 93 (5a) (a) (b). More
The applicant was employed by the 2nd respondent as a membership secretary from 2004 until 2023. He was suspended with pay on allegations of misconduct.
The allegations he faced were that: -
I. Failed to maintain an up to date membership register for the period of 1st January 2022 to 23rd May 2023
II. A company styled Bonita Faith (Private) Ltd in which you confirmed to be a director appears in the Zimbabwe Building Contractors Association database with membership status category A. There is no record of the company having applied and approved for membership. This is a conflict of... More
This is an appeal from the decision of the Magistrates’ Court sitting at Harare handed down on 9 January 2024.The first Respondent issued summons for the eviction of the Appellant and all those claiming occupation through him from Kingsmead House, 154 Mbuya Nehanda Street, Harare. Further, first Respondent claimed payment of arrear rentals and holding over damages. Appellant entered appearance to defend but failed to file a plea within the prescribed time. A default judgment was issued. Appellant approached the lower court seeking the rescission of the default judgment. He filed a hybrid application which was for upliftment of Bar... More
This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) from a decision of the Supreme Court in terms of r 32(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). The rule provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
MAKARAU JA:- This is a chamber application for condonation for the late filing of an appeal and extension of time within which to note an appeal in terms of r 31(3) of the Supreme Court Rules, 1964. More
This a court application in which the relief sought is the following
declaratory order;-
1. Applicant is entitled to all benefits deriving from the occupation by the respondent of
that section of Bulfield Farm which is the subject of Notarial Deed of Servitude
11-7-95.
2. Respondent shall pay applicant’s costs. More
The matter was placed before me as an appeal against a determination handed down by the National Employers Council for the Tobacco Industry – Grievance and Disciplinary Committee on the 24 April 2014 which determination set aside the penalty of dismissal and substituted that with a final written warning. The Appellant was further directed to reinstate the Respondent without loss of salary and benefits or in the alternative pay damages in lieu of reinstatement. The parties were directed to, in the event of the latter option, agree on the damages payable failing which they were to refer their matter back... More
