Going through the pleadings in this matter was akin to charting through the maze. It is an example of how “not to file pleadings” before carefully considering a matter. The plaintiff issued summons against the defendant on 24 May 2016 seeking payment of the sum of $20 140.00 being rental arrears arising from the hire of a Plant Bell Grader in terms of a lease agreement dated the 8th of July 2015; interest at the prescribed rate of 2% per month, calculated from the 21st of October 2015 to date of full and final payment both dates inclusive and costs... More
This is an application for condonation for late noting of an application for review of a decision taken by respondent’s Appeals Authority. The determination which was handed down on 28th of September 2022 was to the effect that applicant having been found guilty of gross incompetency was consequently dismissed from employment. More
On 10 April 2025, after hearing oral arguments from the parties’ legal practitioners, the court reserved judgment sine die. The applicant approached the court seeking a review of the first respondent’s decision made on 29 August 2024 on the grounds that the decision was irrational, unfair and motivated by malice and bias. The applicant seeks an order that the resolution by the first respondent to look for alternative land that is not depicted on layout plan TPX/WR/11/15 and TPX/WR/11/15/1 for applicant’s members be set aside; that the first respondent be ordered to finalise its processes in the allocation of residential... More
The plaintiff in this matter is the owner of a Commercial Premises called Silke House situated at the corner of 4th street and Robert Mugabe Road officially known as Stand 16920 Salisbury Township a portion of which is occupied by the defendant in terms of a lease agreement the terms of which are in dispute. More
This is an application for review in terms of s 26 of the High Court Act, [Cap7:06].
The background facts to this matter are as follows:The applicant is a mining investment company duly incorporated in terms of the laws of Zimbabwe. The applicant’s directors discovered what they believed to be a disused and abandoned mine at the site of the old Ran Mine in the district of Bindura. The site was then being worked by illegal panners. The directors then enquired with the Ministry of Mines as to the ownership and status of the mine. They were advised that the... More
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
