This is an appeal against the judgment of the Magistrate sitting at Harare Magistrates Court.
The parties entered into what is termed a BOT agreement, which is a Build, Operate and Transfer agreement. Essentially the agreement is encapsulated in a document at p 46 of the record. More
The applicant brought this application for a declaratory order purportedly in terms of sections 13 and 14 of the High Court Act [Chapter 7: 06] alternatively in terms of section 4 of the Administrative Justice Act [Chapter 10: 28]. More
: The applicant seeks confirmation of the provisional order granted by KARWI J on 18 July 2011. The terms of the final order sought and the interim relief granted were set out thus: More
1. This is an application to set aside a sale in execution. The applicant seeks an order couched in the following terms:
i. That the sale in execution of iron ore fines stockpile at Mukwakwe Plan site 338, Mberengwa in Midlands Province done by the 1st respondent in execution of court order under case number HC 12423/15 be and is hereby set aside. More
This is an appeal against the whole judgment of the High Court Bulawayo, (court a quo), handed down on 13 October 2022. The court a quo dismissed the appellant’s application for the setting aside of the sale by auction, of a stockpile of iron ore fines, on the basis of actio rei vindicatio. More
On 1 June 2012 I granted an order registering an arbitral award granted on 29 March 2012 in favour of the applicant as an order of this court. The grant of the order followed an application filed through the chamber book on 11 April 2012. Upon perusal of the papers, I was not satisfied the provisions of s 98(13) of the Labour Act, [Cap 28:01] (“the Act”), had been complied with. More
On the 13th December 2022 at Harare, the Exemptions Committee (EC) of the NEC Rural District Councils issued a determination. It ordered appellant (employer) to reinstate respondent (employee) or pay her damages in lieu of reinstatement. The employer then appealed the determination to this Court in terms of section 92 D of the Labour Act Chapter 28:01 hereafter called the “Act”. The employee opposed the appeal. More
It is common cause that appellant’s earlier appeal (under LC/H/284/22) against the determination in casu was struck off the roll by the Court for failure to file the record of proceedings conducted by the Designated Agent. Such record is required in terms of Rule 19(1) (b) of the Labour Court Rule S.I. 150/17. Respondent argued that appellant’s remedy provided by the Practice Direction would be an application for reinstatement as envisaged by the proviso to paragraph 5 of the Direction. Instead appellant applied for condonation of a late appeal which was granted by this court on 16 January 2023. Appellant... More
The applicant filed an application for confirmation of cancellation of the lease agreement between itself and the respondent dated 2 May 2019. It having been duly cancelled in terms of clause 4 of the said agreement. The respondent is opposed to the confirmation of the cancellation of the lease agreement. More
The appellant appeared in the Magistrate Court sitting at Western Commonage, Bulawayo on an alleged breach of section 49 (1) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23), that is culpable homicide. The specific allegation being that on the 4th of January 2017 and at the Bulawayo City Council’s landfill site adjacent to Entembeni Road, Pumula South, the appellant caused the death of one Tinashe Chiparamura by digging up gravel pits and leaving them open, thereby trapping water in which the deceased drowned. In so, doing the state alleged, the appellant realised or ought to have foreseen... More
On the 23rd of March 2020, the President of the Republic of Zimbabwe declared a state of disaster in the wake of the ravaging Coronavirus pandemic which had already been declared by the World Health Organisation as a global pandemic. In declaring a state of disaster, all arms of Government were enjoined to take extraordinary measures to curb the spread of the Coronavirus. In that regard, the Government issued a directive to Local Authorities styled “Guidelines for the Resilient Food Supply Chain System During and After the Lockdown.” In compliance with that directive, on 26th April 2020 the City of... More
December 2013 the first respondent allegedly bought an immovable property known as stand 295 Northwood Township of Sumben from the first applicant a German Entity. First respondent duly paid the full purchase price. However transfer of title was not effected. In order to protect his rights and interest he issued out summons to compel transfer. When the first applicant did not file any opposing papers, a chamber application for default judgment was filed. A default order was granted on 24 July 2017 in HC 2972/17. The first applicant still did not sign the documents to transfer the said property, subsequently... More
The applicants are foreign legal entities. The first is a German Company. It is owned by a Bulgarian Corporation. The second is a Bulgarian entity. It is a subsidiary of the first. More
This is a hybrid court application for rescission in terms of order 49 r 449 and joinder of a party to proceedings. The applicants seek to rescind two default judgments HC 2972/17 and HC 11246/17 and joinder of the first respondent to case HC 12074/16. More
