In November, 2004, the respondents as owners of the applicant sold the assets and goodwill of applicant to Construction Resources Africa, a company duly represented by Danny Musukuma. There were various terms and conditions pertaining to the sale of the assets and the goodwill as well as the directorship and the shareholding of the applicant company. In 2006 a dispute arose regarding the sale agreement. This led to the respondents to purportedly cancel the sale and instituted vindicatory proceedings in case number HC 109/07. The trial in that case has since gone through and judgment was reserved by my sister... More
On 9 January 2007 the plaintiff herein instituted proceedings against the defendant by way of summons for an order for its ejectment from three immovable properties. The defendants filed papers in defence of the claim and in due course the matter was referred to a judge in chambers for the holding of a pre-trial conference. Issues for trial were agreed by the parties at the pre-trial conference and thereafter the matter was referred to trial. When the matter was called for trial Mr Uriri on behalf of the defendant indicated to the court that the defendant had a preliminary issue... More
At the conclusion of the plaintiff’s case, Mr Uriri indicated that the defendant was applying for absolution from the instance and that he had the application ready which would be filed the following day. In the event the application was only filed on 16 September 2010. The response from the plaintiff was in turn filed on 21 October 2010. This has contributed in part to the delay in the determination of the application. More
On 1 September 2016 plaintiff issued summons against defendant claiming;
(a) Payment of the sum of US$15 815,04 which is the outstanding balance in respect of monies lent and advanced at defendant’s special instance and request together with interest as at 31 July 2016.
(b) Interest thereon at the rate of 15% per annum from 1 August 2016 to date of full and final payment.
(c) An order that the mortgaged property being stand 6399 Kwekwe Township of stand 2274 Que Que Township in extent of 4 000 square metres registered in the names of the defendant declared executable; and... More
This is a composite judgment in respect of three appeals which were heard at the same time. The appeals are against the whole judgment of the High Court handed down on 14 May 2020. They all rely on essentially the same grounds of appeal. The three appellants were the respondents in the court a quo but filed separate appeals under SC 183/20, SC 187/20 and SC 203/20. More
This is an urgent chamber application wherein the applicant is seeking the following order:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final should not be made in the following terms: -
1. It is declared that the applicant is not an exporter or a partial exporter for the purposes of Reserve Bank of Zimbabwe enacted the Exchange Control (Payment for Electricity and Related Services in Foreign Currency by Exporters and Partial Exporters) Order, 2019, Statutory Instrument 249/19.
2. The respondent be and is hereby directed to rebill the applicant in Zimbabwe Dollars... More
On 30 January 2017, the applicant filed this urgent chamber application seeking the following interim relief:
“1. That the first and second respondents be and are hereby directed to repay to the applicant any and all monies taken by them pursuant to the issue by the first respondent of the notice in terms of s 58 of the Income Tax Act [Chapter 23:06] from the accounts as detailed hereunder More
The applicant, a transport company duly incorporated according to the laws of Zimbabwe brought this urgent application for the following interim relief:
“1. More
The three appellants were charged with criminal abuse of office as public officers as defined in s 174(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. They were all sentenced to pay affine of US$450-00 or in default of payment 3 months imprisonment. In addition 12 months imprisonment was wholly suspended for five years on the usual condition of good behaviour. They appeal against conviction only. More
On the 31st May 2023 at Harare F Mutambirwa in her capacity as a Designated Agent made a determination. She ordered Respondent (employer) to pay Appellant, (employee) an amount of US$2, 563, 56 in respect of notice pay, service pay and leave pay. Appellant then appealed against the determination to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
The following are the reasons informing the ex-tempore judgment delivered on 17 April 2023 dismissing applicant’s application for bail pending trial. They (reasons) are being provided at the request of the applicants. More
1. This is an appeal against the judgment of the magistrate’s court convicting the appellant of rape as defined in s 65 of the Criminal Law Code.
2. The trial court found that the appellant had appeared at the complainant’s mother’s residence, while the mother was away, and raped the complainant. That girl was 10 years old at the time. More
First appellant is aged 42 years and resides at Vhumbunu Village Chief Mutasa, Watsomba and is unemployed. Second appellant is also aged 42 years and resides at Village 7 Dombo Rutinhira, Chief Mutasa, Penhalonga, he is also not employed.
On 23 April 2020 at around 11:30 hours police were deployed on an operation to arrest illegal gold panners along Nyakaunga River, Sheba Estates, Penhalonga. They intercepted both appellants prospecting gold each using a hoe and apprehended them. Appellants were asked to produce any permit or licence but failed to produce neither.
On 24 April 2020 both appellants appeared at Mutare... More
The matter was placed before me as an appeal against a determination by the National Employment Council for the Motor Industry handed down on the 9th of October 2010 which found Appellant guilty of a misconduct and consequently imposed a dismissal penalty with effect from the date of suspension that is 7 September, 2009. More
This is an appeal against an arbitral award.
The law does not allow appeals against decisions of arbitrator to be premised on points of fact unless it is alleged in the grounds and notice of appeal that the findings of fact made where wholly irrational. More
