The applicant is the Messenger of the Magistrate Court at Karoi who approached the taxing officer requesting taxation of storage costs in respect of copper which was attached ad fundandum jurisdictionem under Case Number HC 10736/14. Pursuant to the order founding jurisdiction, respondent herein instituted proceedings for delictual damages under case number HC 805/15. The litigation was protracted. The parties eventually resolved their dispute and entered into a deed of settlement on 31` July 2023. The said deed was amended by an addendum dated 10 December 2023. The copper which was attached to found jurisdiction belonged to Tenke Fungurume Mining... More
The delay in the delivery of this judgment is regretted. It was due to the parties’ failure and delay in responding to issues raised. Consequently the judgment had to be written without a response from one of the parties on the issue of appealing on a conviction that is not on record. More
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
The matter before me is an application for review under case number LC/H/ 44/25, conjoined with an appeal under case number LC/H/25/25. The two matters were initially filed separately on the IECMS platform, however, they were ultimately consolidated due to their derivation from the same factual circumstances and decision. At the outset of the proceedings, the Court informed the parties that it would first consider the application for review, followed by the appeal. 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
