The plaintiff and the defendant were married to each other in terms of the Marriage Act [Chapter 5:11] at Ruwa, Harare on the 14th March 1987. Their marriage was blessed with three children who are now all adults. After a period of about 20 years of married life the parties separated in December 2007 when, due to circumstances she could not withstand anymore, the plaintiff left the matrimonial home. More
Liability in this matter is admitted. The dispute concerns the measure of damages that is due to the plaintiff. On 1 June 2010 the parties filed a stated case, which reads:
1. It is common cause between the parties that on 15 November 2006 at No. 17 418 Flanagan Road Hillside Harare, the first defendant who was driving in the course and scope of his employment drove a Mazda B2500 registration number R58PY onto the plaintiff’s property. More
This is an appeal in terms of section 92D of the Labour Act [Cap28:01]. The appeal is noted against the determination by the Respondent’s Appointed Designated Officer which determination was confirmed by the Human Resources Committee Board on the 13th of October 2017. The determination was to the effect that Appellant be dismissed from employment. More
Appellant was employed by Respondent and at the time charges were levelled against her she was a vehicle sales administrator.
For not attending a performance appraisal interview, Appellant was charged with wilful disobedience to a lawful order given by a superior. This was in terms of section 9.(57) of Respondent’s Code of Conduct. The Disciplinary Committee found the charge as proved and imposed a dismissal penalty. More
MOYO J: This is an application to amend pleadings. The founding affidavit refers to the notice of intention to amend as the one that gives the nature of the amendments sought. The founding affidavit goes further to state that the court has a wide discretion to grant an amendment to pleadings where such amendment is notmala fide and will not lead to an incurable prejudice to the other party. Applicant further states that the amendment will allow a proper ventilation of the issues between the papers. The applicant further states that the delay in seeking the amendment is not great. More
The applicant seeks a provisional order in the following terms:-
“TERMS OF THE FINAL ORDER SOUGHT
That you should show cause to this Honourable Court why a final Order should not be made on the following terms:-
1. That it is hereby declared that the first and second respondents, and all those acting through them, restore all the gym equipment unlawfully removed from the gym at Shop 15, Borrowdale Brook Shopping Centre.
2. Further, it is hereby declared that the first and second respondents and all those acting through them, be and are hereby permanently interdicted from disturbing and or... More
This is an appeal against an arbitral award by Hon T Mlilwana that was handed down on 24 August 2015. The arbitrator handed down the following award:
“(i) Backpay $280-00 x 12 months = USD 3 360-00
(ii) Damages $280-00 x 8 months = USD 2240-00
(iii) Gratuity $27% x $280-00 x 22 years = USD 1163-20
(iv) Leave Pay $280-00 x 2 months = USD 560-00
Total USD 7 323-00 More
The Appellant was employed as an Executive Secretary by the Respondent through a letter of appointment dated 28 February 2009. This contract of employment was for a fixed period terminating on 28 February 2014. In a letter dated 15 February 2012, the Appellant was appointed to the post of Finance and Administration Manager. In a letter dated 13 November 2013 the Respondent advised the Appellant that it desired to terminate the employment contract with immediate effect but undertook to pay all contractual dues for the remaining period of the contract. The Appellant took his matter to the Labour Office and... More
This judgment is a product of two matters that were consolidated and heard as one. The issues at stake and the interests of the parties involved herein converge. At the centre of the dispute in both cases is an Extra Ordinary General Meeting (EGM or the meeting) that dealt with the business of the fourth respondent in HC 1351/21 (Case 1), and the sixth respondent in HC 1270/21 (Case 2) on 8 February 2021. The applicants in both cases contend that the meeting did not comply with certain provisions of the Companies and Other Business Entities Act (the COBE or... More
MUSITHU J: This is a composite judgment which deals with two matters which were consolidated and argued at the same time at the request of the parties’ counsel. In HC 2524/22, which is Case 1 herein, the applicant applies for condonation for non-compliance with the rules of court and an extension of time within which to file a court application for rescission of a default judgment. The applicant is also seeking the rescission of the default judgment which was granted by this court in HC 2971/17. In HC 6784/19, which is Case 2 herein, the applicant is seeking the confirmation... More
The applicant is a banking institution, duly registered in terms of the laws of Zimbabwe and the respondent is a company duly registered as such in terms of the laws of Zimbabwe. Sometime in June 2022 the applicant issued a court application for a rei vindicatio against the respondent under case number HC 4274/22 and the application was opposed by the respondent. The applicant avers that the respondent failed to file its heads of argument timeously and was thus barred. Sometime in September 2022 the court per CHITAPI J granted a default judgement in favour of the applicant. Aggrieved by... More
By consent of the parties the three matters HC 6525/22, HC 6526/22 and HC 2527 were consolidated and were heard at the same time mainly because the applications in the three files concerned an application for an interpleader. The Applicant in the three matters is the same. The judgment creditors are the same. The judgment debtors are the same. Only the Claimants are different but the legal practitioners representing the parties in each of the matters are the same. The reliefs being sought is essentially the same. More
The appellant’s twelve year old niece died a painful and defining death on 18 June 2011, the victim of a callous rape and strangulation. The appellant was later charged of her murder and by judgment delivered on 25 February 2015, the High Court (“the court a quo”) found the appellant guilty and sentenced him to death. This is an automatic appeal against both conviction and sentence. More
Sometime in August 2016 the respondent, Victor Mariranyika, loaned and engine and irrigation pipes to the appellant. The appellant did not return the equipment on time. The respondent sued the appellant in the small claims court under case number SCC 4/2018 and obtained a default judgment against the appellant. After appellant’s property was attached by the messenger of court, the appellant paid for the irrigation pipes. He had already returned the respondent’s engine. More
The first applicant, through its trustees, purchased property being No. 13 Coventry Road, Greystone Park, Borrowdale Harare, from a sheriff’s sale. Prior to the sale, the first respondent was its previous owner. Having bought the property and registered the property in the name of first applicant, the second applicant Elizabeth Tete, a Trustee, seeks to evict Lawrence Muteswa, the first respondent, on the basis of lawful title to the property. In his notice of opposition, the first respondent resists eviction primarily on the grounds that he has a pending matter in the High Court challenging the sale and that until... More
