This is an application for the rescission of a default judgment handed down by this court on 7 February 2014 where the applicant who was the then appellant failed to turn up on the set down date to prosecute his appeal. More
On 8 September 2011 after hearing the application for the upliftment of the bar by Mr Nyamasoka for and on behalf of the applicant, (Cairns Food Limited) I dismissed the application. I have been asked to furnish the reasons for that dismissal More
The plaintiff issued summons against the defendant on 4 March 2013 seeking an order for payment of US$10 996,26 for goods allegedly sold and delivered to the defendant at its instance and request More
The applicant is the holder of an offer letter in respect of subdivision 8 of Galloway in the district of Mazowe in Mashonaland Central Province. He is involved in a vicious land dispute with the first four respondents hereinafter referred to as the respondents.
None of the respondents has an offer letter relating to plot 8. The second and third respondents claim occupation through one Gweshe the holder of an offer letter to plot 9.
On 17 February 2011 the applicant obtained default summary judgment against the respondents under Case Number HC 5434/10. The respondents subsequently filed an application for... More
The appellant pleaded guilty to a charge of culpable homicide as defined in s 49 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was after conviction, sentenced to 24 months imprisonment of which 9 months was suspended on condition of future good behaviour. In addition he was prohibited from driving for two years. More
Applicant approached this court in terms of s 92B (3) of the Labour Act [Chapter 28:01] (The Act) seeking that, the judgment of the Labour Court in case number LC/H/585/21 handed down on 8 April 2022 as judgment number LC/H/89/22 and as varied by the Supreme Court Order SC 380/22 handed down on 28 October 2022 be registered as a judgment of this court. More
Before the merits of this application could be heard, Mr T.K. Hove who appeared on behalf of the respondent raised a preliminary issue. Mr Hove submitted that the parties are wrongly cited. The wrong citation was brought to the attention of the applicant and his legal practitioners. This was not corrected. Mr Hove therefore applied for the Court to dismiss the application before the Court for lack of clarity. More
The plaintiffs sued the defendant for payment of $54 000 plus interest plus costs of suit. The claim is based on unjust enrichment. The plaintiffs alleged that sometime in 2008 they entered into a verbal contract with the defendant for the supply of shared phone sim cards. The parties also had a separate written agreement separate from the verbal one above. More
In the year 1995 plaintiff married defendant in terms of customary law. They had apparently commenced living together prior to the formalization of the union in terms of customary law. On 31 March 2000 their marriage was solemnized in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. The marriage was not blessed with any child.
On 8 April 2008 the plaintiff filed a suit seeking a decree of divorce and other ancillary relief. The plaintiff alleged that the marriage had irretrievably broken down to such an extent that there were no reasonable prospects of the restoration of... More
The applicant filed this urgent chamber application for an indict. The
papers were initially placed before me on 28 March 2013. Miss Makamure applied for a postponement on the grounds that Mr Tandi who was supposed to handle the matter had gone to Marondera. Mr Jori did not oppose the application and the matter was subsequently postponed by consent to 7 May 2013 for argument. More
This is an application for leave to appeal to the Supreme Court in terms of section 92 F (1) of the Labour Act [Chapter 28:01]. This Court dismissed applicant’s appeal against respondent’s decision to find him guilty and dismissing him from employment. Applicant’s grounds of relief at the Supreme Court are as follows: More
Respondent, through a resolution of the Board of Governors, decided to re-organise the workplace which saw Appellant’s position of National Programmes Co-ordinator being abolished. Appellant was appointed National Training Manager without loss of salary and benefits. Appellant was disgruntled with the move and sought to have the matter resolved by the Labour Court after discussions at the workplace had hit a brick-wall. The Labour Court dismissed his application. More
1. This is an application for bail pending trial. The applicant is charged with the crime of kidnapping as defined in section 93(1) (a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 13th July 2022 the applicant with his accomplices who are still at large hatched a plan and connived to kidnap five Indian nationals (victims) who were on their way from Bulawayo to Beitbridge. He took the kidnapped victims to his house and started a tele-communication with their relative who was in South Africa demanding payment for their release. He subsequently... More
On 24 December 2018 plaintiff issued summons against the defendant claiming the following:
1. Payment of US$31 400-00.
2. Interest thereon at the prescribed rate of interest per annum from 19 January 2018 to the date of payment in full and final settlement.
3. Interest at the prescribed rate from 1 March 2016 to 18 January 2018 on the sum of US$40 000-00.
4. Costs of suit on attorney-client scale More
Law is not a static discipline. It moves and changes in accordance with a given society’s stage of development. It changes in such a way that what society regarded as lawful yesterday may not be lawful on the following day and vice versa. Its movement and changes are not without reason. They assist people in whose society the changes and movements occur to resolve disputes which arise between, and amongst, them with a certain degree of clarity. They are, therefore, a dispute-resolving mechanism which society puts into place from time to time for the good of its own members. More
