Before hearing this matter I heard an application filed by the respondents under case number HC 8966/16 for condonation for delay in filing opposing papers in this matter. The applicant herein did not oppose such application on condition the respondents pay costs for such application. Mr Mukucha left the issue of costs in the court’s hands. It is my view that it is appropriate that the respondents pay such costs. More
The first applicant is a publishing house in the print media industry. Its flagship is the weekly newspaper, the Zimbabwe Independent. The second applicant is a non-profit trust. It is the local chapter of an international organisation. Its mandate is described as broadly to fight and expose corruption, and to demand transparency in governments, state-owned firms and private institutions. Respondents 1, 2 and 4 are ministers of governments in charge of local government, finance and transport respectively. Respondents 1, 2 and 4 are ministers of governments in charge of local government, finance and transport respectively. The third respondent [ZUPCO] is... More
This is an opposed application for a postponement. The application was granted in open court and reasons were given ex tempore in the presence of the parties and their legal practitioners. This was on 20 May 2013. More
This is an application for condonation for late noting of an application for leave to appeal against my judgment of 17 August 2012. Such application was filed on 25 April 2013, some 8months late. Applicant explains their delay as follows;
“That they were negotiating an out of court settlement with the Respondent. Failure to reach an out of court settlement has now prompted the Applicants to make this application.” More
This matter was set down as a n appeal at the instance of the appellant employer against the decision of the appellant’s internal National Hearing Committee (herein after referred to as NHC). More
This is an application for the dismissal of an application for quantification of damages which was correctly made in terms of Rule 19(3)(a) of the Rules of this Court. More
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
