This matter was set down for trial to commence on 6 September 2021. Counsel for the defendant rose and informed me that he intended to raise an additional preliminary point. The issue relates to what he termed the purported amendment of summons. Both counsel proposed to file supplementary heads of argument. In plaintiff’s supplementary heads of argument besides the amendment of summons and declaration issue he made additional submissions as regards the issue raised as early as the defendant’s plea, the issue of prescription. More
The Appellant was employed by the Respondent in the position of Housing Allocation Clerk but was working as an Acting Assistant Research Officer in the department of Housing and Community Services. The Respondent convened a disciplinary hearing for the Appellant on the 3rd of August 2020. The Appellant was to answer to two charges, namely (1) contravention clause 10.5 (f) alternatively clause 10.5(t) of part VI of the Collective Bargaining Agreement; Harare Municipal Undertaking (Employment Code of Conduct) Statutory Instrument 13 of 2015, Clause 10.5(f) related to a charge of Fraud which is defined under the relevant code to mean,... More
On 29 January 2016 the applicant signed a loan agreement with the 1st respondent to the tune of USD600,000.00 repayable in 36 months on agreed interest rates. The money was deposited into 2nd respondent’s account with CABS. The 3rd respondent signed as a surety and co-principal debtor. On 27 July 2016 the applicant extended another loan facility to the 1st respondent to the tune of USD300 000.00 payable in 6 months. The loans were paid through transfer at the same bank from the applicant’ s non-resident account. More
The declaration of the plaintiff attached to the summons states that the plaintiff is a local businessman in Mutare. First defendant resides in Mutare and second defendant resides in Harare and is a registered legal practitioner.
On 19 July 2017 and at Harare at second defendant’s offices the parties entered into an agreemet of sale where first defendant sold to plaintiff Stand 7061 Mutare Township for a purchase price of US$90 000-00. The terms of the agreement were that US$60 000-00 was to be paid upon the signing of the agreement, US$ 15 000-00 on or before 30 November 2017,... More
On 15 December, 2014 the respondents, who were the applicants in the court a quo, filed an application to register an arbitral award in terms of s 98 (14) of the Labour Act, [Chapter 28:01]. More
The applicants approached this court seeking the rescission of the judgment granted by this court on 30 April 2008 in HC 7208/07 and that the first, second and fourth respondents pay costs of the application. The basis for seeking the order is that the judgment in HC 7208 was obtained through fraud. More
The applicant has approached this court seeking to be admitted to bail pending appeal. The application is opposed by the State on the ground that there are no prospects of success in her appeal. The applicant was convicted and sentenced on charges of fraud (3 counts) contrary to s 136 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) on 2 August 2024. The total effective sentence was thirty (30) months imprisonment after portions of it were suspended on conditions of good behavior and compensation to the victims. More
This is an application for bail pending appeal. When the application was argued the court delivered an ex-tempore judgment dismissing third and fourth applicants’ application and directing that first and second applicants consider pursuing their application before another judge appearing either in person or by counsel of each’s own choice. The direction to separate the hearing of first and second applicant’s application was occasioned by the midstream renunciation of agency by Mr Tsarwe who initially appeared representing all the applicants. The renunciation of agency midstream at the hearing was caused by a realization that there was a potential conflict of... More
The plaintiff issued summons against the defendant claiming $100 000 000.00 old currency. $100 000.00 revalued being defamation damages, interest at the prescribed rate from the date of demand being the rate from the date of demand being the 26th November 2004 to the date of payment More
The background to the matter is that applicant who was in the respondent’s employment as an Information Technology Officer was brought before a disciplinary committee to answer allegations of misconduct. At the commencement of the disciplinary proceedings he raised a point in limine that he had been charged using a wrong Code of Conduct. The hearing officer listened to submissions from both parties and ruled that the correct code had been used. Applicant was aggrieved by that and suggested that the hearing officer was biased and stated that she had to recuse herself from the matter. The hearing officer stated... More
This is an appeal against the decision of the Respondent’s Appeals Committee which upheld the determination of the Disciplinary Committee which found the Appellant guilty of misconduct culminating in his dismissal from employment.
The brief facts are that Appellant was employed by the Respondent as head responsible for Human Capital Administration. He was charged with misconduct in terms of Respondent’s Code of Conduct. He was brought before the Disciplinary Committee which found him guilty and recommended his dismissal. Appellant was dissatisfied and approached the Appeals Committee for relief. The Appeals Committee upheld two of the charges and found Appellant not... More
The applicant is a former employee of the 1st respondent. He was charged with various acts of misconduct leading to his dismissal on one of them after some of the charges were overturned in the internal appeal. 2nd to 4th respondents appear in their official capacities as office holders of the first respondent who played roles in the disciplinary process. The applicant was aggrieved by the process leading to his dismissal hence the present application. More
The petitioner contested for and lost the Mhondoro- Mubaira constituency. He represented the Movement for Democratic Change (Tsvangirai faction), in the 29 March 2008 harmonised elections. He contested against the respondent who represented Zanu (PF). The respondent won the election. The petitioner filed a petition challenging the respondent’s election. He presented it on 14 April 2008, but served it at the respondent’s party headquarters on 9 May 2008. More
