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
These consolidated proceedings concern a protracted dispute over ownership and possession of Stand No. 307 Willowvale Township, Harare. Two applications were heard together: (1) an application by Sadie Motors (Pvt) Ltd (“Sadie Motors”), HCH 6435/25, seeking the eviction of Budget Steel (Pvt) Ltd (“Budget Steel”) from the property, and (2) a counter-application by Budget Steel, HC 8266/22, seeking cancellation of Deed of Transfer No. 696/2021 under which Sadie Motors obtained title to the property and an order for re-transfer of the property to Budget Steel. For the sake of convenience, Budget Steel shall be called the applicant and Sadie Motors... 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
Before me is a claim against a public carrier and provider of security services by its client for loss of that client`s goods-namely 11.95kg of gold bullion valued at US$675,000 -during conveyance. The claim-framed in the main (Praetor`s Edict) and alternative (aquilian action) -issues from what has been termed the confluence of the law of delict and the law of contract. 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
The applicant brought a composite application in terms of r59 (1) as read with r27 and r29 (1) (a) of the High Court Rules, 2021 and alternatively common law seeking the following relief:
Condonation for non- compliance with the Rules and extension of time within which to file a court application for rescission of default judgment, and
Rescission of a default judgment granted by this Honourable Court under Case No. HC 2972/17. More
On 21 September 2017, the applicant appeared before the first respondent facing allegations of failing to comply with a disclosure order issued by the Director of Financial Intelligence Unit of the Reserve Bank of Zimbabwe in violation of section 18 (3) as read with section 11 and 13 of the Bank Use Promotion Act [Chapter 24:24].
Basically, the allegations were that the applicant had failed to submit certain returns to the Reserve Bank of Zimbabwe from the 25th of June 2016 to 13 June 2017.
In its defence to the charge the applicant took the position that it was complying... More
