The applicant a 60 year old Insolvency practitioner appeared before the Magistrate at Harare on initial remand on 5 February 2021, facing a charge of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter9:23] (herein after referred to as “the Code.”).Upon being placed on remand the appellant applied to be remanded out of custody. The respondent opposed the granting of bail on the grounds of risk of abscondment and interference with witnesses. The court a quo dismissed the abscondment contention and upheld the respondent’s contention that appellant was likely to interfere with witnesses because... More
This is an opposed interlocutory application for the upliftment of bar and condonation.
After reading the papers filed of record I was convinced that this interlocutory application could have been resolved between the parties through simple engagement without unnecessary detaining the court with such an application and the parties incurring unnecessary and probably avoidable costs. The first respondent however vigorously opposed the application. More
The relief sought in this application is for a declaratory order that certain Grain Marketing Board (GMB) bills belonging to Century Discount House (CDH) and delivered to the Zimbabwe Banking Corporation (Zimbank) on 5 December 2003 are assets of CDH and that consequently the liquidator of CDH is entitled to recover from Zimbank the full maturity value of the bills, namely $4 billion ($4 million in the new currency) together with interest thereon from 3 March 2004 being the date of maturity of the bills to date of payment. More
1. This is an appeal against conviction only.
2. The appellant was, following a plea of not guilty, convicted of unlawful dealing in dangerous drugs as defined in s 156 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. She was sentenced to 48 months imprisonment of which 12 months imprisonment was suspended for 5 years on the usual conditions of good behaviour.
4. Mr Musendo correctly conceded that there was no appeal against sentence because such intended appeal was invalid. This is in view of the fact that the notice of appeal contained no prayer in respect... More
This is an appeal against the decision of the Respondent Disciplinary Authority which dismissed the Appellant on the basis of charges of corruption which were leveled against her in 2011.
The facts of the case are that the Appellant who was in the employ of the Respondent as a clerk of court based at Chipinge Magistrates Court at the time of the allegations was brought before a Disciplinary Committee facing allegations of contravening the Public Service Regulations 2000 as amended as read with the Judicial Service Transitional Regulations 2010. More
This is an appeal against the whole judgement of the High Court handed down on 14 March 2018, dismissing the appellant’s counter claim against the first respondent. More
MAKONI J: The plaintiff issued summons out of this court claiming damages in the sum of $100 000-00, interest at the prescribed rate from date of issue of summons to date of payment and costs of suit. More
It being the court’s considered view that this appeal was without merit, vexatious and abuse of court process we dismissed the appeal with costs on an attorney-client scale on 23 February 2017. More
This is an appeal against the decision of the arbitrator where he declined to compel the parties to the instant case to introduce housing allowance in their 2012 negotiations at N.E.C. level. He however went on to advise the parties that in the then circumstances they had to leave the matter in the hands of the works council. More
This matter makes bad reading and its background can be summarised as follows:-
After the arbitrator had considered the submissions made by both the applicant and the first respondent, the Arbitrator determined the matter in favour of the first respondent and ordered the applicant to pay the respondent a total sum of $10 060-00 (ten thousand and sixty dollars) for having unfairly terminated the latter’s employment. This determination was made on 17 November 2011. More
This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on 9 September 2020 in which it ruled that the arbitral award granted against the first respondent be set aside and the matter be referred to a different arbitrator. More
This is an application for summary judgment.
The plaintiff issued summons against the defendant on 10 September 2009 claiming the following:
1. Payment of the amount of US$52 579.51 with interest thereon capitalized monthly at the rate of 12 % per annum from 7 September 2009 to date of payment in full;
2. Costs of suit on the scale between legal practitioner and client together with collection charges
3. An order declaring the mortgaged property to be especially executable. More
This is an application for an order setting aside a deed of settlement executed by the applicant and the respondent in Case HC 2810/17. The applicant’s prayer as set out in the draft order reads as follows:
“IT IS ORDERED THAT,
1. The Deed of Settlement signed between the applicant and the respondent in case No HC 2810/17 and filed with the Registrar of the High Court on 27 November 2017 be and is hereby set aside.
2. The respondent shall pay the applicant’s costs on a legal practitioner and client scale.” More
This is a chamber application for the dismissal of the first and second respondents’ application in case No. HC 2702/18 for want of prosecution. The application is in terms of Order 32 r 236 (3) (b) of the High Court Rules, 1971.
Background
A certain immovable property belonging to second respondent was sold in execution to fourth respondent by private treaty for $230 000.00. The sale was pursuant to writ issued in case No. HC 9692/13.First and secondrespondents who are some of the judgment debtors in case No. HC 9692/13 objected to the sale. They undertook to bring before third... More
