The plaintiff issued summons out of this court claiming against defendants the cancellation of a contract of sale of flat number B012 Odzi Court between itself and the defendants and costs of suit. The plaintiff stated in its declaration that on 5 February, 2001 parties entered into an agreement in terms of which the plaintiff appointed the second defendant as its agent to find purchasers for its property situate at Stand No. 18336 Harare Township also known as Eastview Gardens. It was an implied term of the agreement that in discharging the mandate, the defendants would disclose their interest in... More
This is an appeal against the decision of Honourable Arbitrator Ms S Changawa dated 26 September 2014.
The brief background of this matter is that the seventeen respondents were employed by the applicant in different capacities and earning different salaries. The respondents referred the matter of unfair dismissal and outstanding salaries for arbitration. More
This matter raises issues that have been canvassed in such cases as Benson Samudzimu v Dairibord Holdings (Pvt) Ltd HH 204/10, Sibangilizwe Dhlodhlo v Deputy Sheriff of Marondera & Ors HH 76/11, Ericson Mvududu v Agricultural and Development Authority HH 286/11 and Gaylord Baudi v Kenmark Builders (Pvt) Ltd HH 4/12. More
The applicant filed a Court Application on 25 February 2005, seeking an order compelling the respondent to surrender to it a lap top computer and accessories and a motor vehicle all fully described in the application. The application was duly served and the respondent filed a notice of opposition out of the time limits prescribed in the rules of this court. Despite notice to the respondent to regularise her papers, nothing was done to uplift the automatic bar against the respondent resulting in the matter being properly set down before me on the unopposed roll. More
This is an appeal by the Appellant against the decision of the Respondent’s Managing Director dismissing the Appellant from employment. On the date of hearing parties agreed that the matter be decided based on the submissions filed of record. To that extent no oral submissions were made by the parties hence this judgment is based on what is contained in the record of proceedings before it only. More
Appellant employed the respondent as a domestic worker. Following disagreements at the workplace, respondent reported her matter to the union officers culminating in the matter being referred to arbitration. The Arbitrator found in favour of respondent. Appellant was not satisfied with the decision and has appealed to this Court. Appellant’s main contention are, firstly, that the Arbitrator erred in finding that appellant had unlawfully dismissed the respondent. Secondly, that the Arbitrator erred in finding that the appellant had not granted respondent vacation leave during the period that respondent had worked for her. More
The accused was arraigned before the magistrate at Kadoma on a charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]it being alleged that on 21 June 2010 at Rimaunga Estate, Macheke, the appellant unlawfully caused the death of ChristopherRice either negligently failing to realise that the death might result from his conduct or, despite realising that death might result from his conduct, negligently failed to guard against that possibility. He initially pleaded guilty but his plea was later changed to one of not guilty. He was then convicted after a... More
The parties to these divorce proceedings are agreed on virtually all issues relating thereto save for the distribution of two sets of movable items namely two snooker tables (also referred to as pool tables). Whereas the defendant insists that these two items are ineligible for distribution, the defendant contends to contramise.
The plaintiff’s position n with regards to the motor vehicle, which is an Audi motor vehicle registration number AEA 3952 is that he purchased it using the proceeds of a minatory dolicitim he received from a certain benefactor. On that basis he claims that the said motor vehicle is... More
The plaintiff is a duly registered company trading under the name Borrowdale Motor Sales. As the trade name suggests, it, the plaintiff, trades in motor vehicles. On 6 June 2006 the plaintiff entered into an agreement with the defendant, in terms of which the plaintiff agreed to purchase a vehicle owned by the defendant, to wit a Ford Taurus registration number 720 532L. A copy of the agreement which is attached as Annexure A to the summons reveals that the purchase price of the vehicle was $ 700 000.00 (revalued) payable as to a deposit of $ 300 000 and... More
The plaintiff (applicant) issued summons against the defendants claiming payment of $101 000 being the outstanding amount on an agreement of sale for a 25tonne Volvo Conquip excavator EC250D 25L and two Powerstar VX tipper trucks, interest thereon at the prescribed rate from date of summons to date of payment in full, collection commission and legal practitioner and client costs. More
The first respondent is the holder of an offer letter for subdivision 6 of Braemar Farm in Seke District (the farm) under the jurisdiction of the Manyame Rural District Council. The farm was allocated to him on 17 November, 2009 and is 122,540 ha in extent. The farm had been gazetted on 3 September 2004 in the Government Gazette Extraordinary Vol. LXXXII, No. 72. The acquisition of the farm by government is still extant. On 10 May 2022, the first respondent filed an urgent chamber application for a spoliation order against the appellant. The first respondent alleged that on 5... More
The actions of an Anglican Church priest David Dhlomo the first defendant, in selling his deceased mother’s house to second and third defendants without the knowledge of his siblings have resulted in the plaintiff (his sibling) dragging both the man of the cloth and the purchasers to court. The transaction has resulted in far reaching consequences for the parties factually, legally and financially. More
MAKONESE J: This is an application for review instituted in terms of Rule 62 of the High Court Rules, 2021. The applicant is a mining syndicate with mining rights over a mining location known as Fundisi ‘H’ Mining Block. More
Applicants seek an order interdicting the first respondent from proceeding with a disciplinary inquiry set down for tomorrow 1 June 2010. There is no specific relief sought against the other respondents. More
This is an appeal against the decision of Honourable Arbitrator D. Mudzengi issued on 19 March 2013. The arbitrator ordered that Respondents be reinstated without loss of pay and benefits from the date of the unlawful dismissal. If reinstatement is no longer an option, the parties were to negotiate damages to be paid in lieu of reinstatement within fourteen (14) days of receipt of the award. If parties fail to agree, either party may refer the matter to the arbitrator for quantification. More
