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
NDEWERE E.F
The Applicant applied for Review of Honourable C. Kabasa’s award in the above case given on 4 May, 2011.
The grounds for review were that the award is defective in that:
a) “The “award”, does not give a meaningful factual narration and analysis as to what exactly were the issues before the Arbitrator.
b) On page 1 of the so called award there is no heading, “arbitral award” which is important and indicative that indeed it is an arbitral award.
c) There is no clear cut indication as to what was submitted by the parties to the Arbitrator... More
According to the applicant the background facts to this matter are as follows: On 21 June 2010 the first respondent, represented by its chief executive officer, signed an acknowledgment of debt in favour of the applicant in the sum of US$418 400-00. The debt had arisen on account of the supplies of the applicant’s products at the request of the first and second respondents. During the period 6 June 2010 and 1 September 2010 a further debt of US$267 260-00 was similarly incurred. The total debt then became US$685 659-98 (inclusive of the amount secured under the acknowledgment of debt).... More
Respondent was employed by the appellant as a procurement executive. For the sack of brevity the court will summarise the facts as follows. During the currency of her employment, respondent filed certain grievances with the appellant. These issues were deliberated upon by the appellant who dismissed them. Thereafter the appellant instituted misconduct proceedings against the respondent. Respondent declined to attend and the matter was heard in her absence. She was found guilty and dismissed from employment More
This is an application in which applicant is seeking:
(a) The nullification of an agreement of sale in respect of a piece of land situate in the district of Salisbury called stand 17164 Harare Township of Salisbury Township Lands known as House No. 17164 Sable road Borrowdale West, which agreement was entered into between first and third and fourth respondents. More
The applicant is a female adult aged 31. She was arrested on 16 June 2011 on allegations of theft of motor vehicles. She has an infant aged six months who is incarcerated with her in prison. She has approached this court for her release on bail pending trial. More
The applicants applied for the nullification of a will of their late father that they purported was a forged one. In the will, the deceased, John Munemo Matunga bequeathed his entire estate to the first, second and third respondents who are his grandchildren. The applicants alleged that the signature(s) on the will differed from that on a cession agreement that was signed by the deceased in 1982. More
Respondents were employed by Appellant as builders on fixed term contracts from February 2008 until August, 2012. Respondents had several such contracts renewed at intervals. Respondents’ contracts of employment were terminated and the matter was brought before the National Employment Council for the Construction Industry for conciliation and subsequently to an Arbitrator. More
