In December 2011, the applicant lent and advanced an amount of One Million United States Dollars (USD$1 000 000.00), (hereinafter referred to as the loan) to the first respondent to fund its cotton seed purchase for the 2012 buying season. The second to the sixth respondents executed personal guarantees in respect of the transaction that bound them as guarantors of the loan. They jointly and severally bound themselves in varying amounts in respect of the loan. In addition, the respondents also bound themselves as sureties and co-principal debtors for a punctual re-payment of the loan. The seventh respondent tendered stand... More
The applicant’s complaint is that it has been constructively evicted from premises that it has been leasing for a very long time. It contends that it was in peaceful and undisturbed possession of the premises until it was despoiled by the respondent through its officials who sealed off its pumps on 19 September 2013. Resultantly, it can longer operate the service station that it was operating as the pumps are sealed off. It also contends that the respondent by its action has resorted to self-help which the law frowns upon. It is contended that the respondent ought to have followed... More
1. This is an appeal from the judgment of the Chitungwiza Magistrates Court convicting the appellant on a charge of fraud as defined in s 136 (a) and (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 36 months imprisonment the whole of which was suspended on conditions of good behaviour, restitution and the performance of community service. The appeal is against the conviction only. More
Plaintiff issued summons on 12 November 2015 against 1st and 2nd defendants for :
“(a) An order declaring the verbal agreement of sale entered into between plaintiff and her late husband Richard Roberts on one hand and Lindy Gunn on the other in March 2004 regarding stand number 41 Hillside South Township 3 of Subdivision 5W of Matsheumhlope also known as 4 Clocolan Road, Burnside, Bulawayo binding on 1st and 2nd defendants for all intents and purposes.
(b) An order that 2nd defendant signs all papers that need to be signed in any public office, be it City of Bulawayo,... More
This is an application for rescission of a default judgment entered against the applicant on 22nd May 2023. It is opposed. The background of the matter is that the applicant is a former employee of the respondent. The applicant alleged that the respondent did not pay her terminal benefits when the parties parted ways .The matter was taken to a designated agent
.The designated agent dismissed the applicant’s claim. The applicant then approached this Court on review and the matter was struck off the roll for non- compliance with the Rules . She then made an application for reinstatement of... More
This is an appeal against the decision of the learned Magistrate in terms of which respondent was granted custody of his two minor children following the breakdown of the parties unregistered customary union sometime in May of 2009.The breakdown of their marriage had resulted in respondent moving out of the matrimonial home in Queensdale, Harare. Appellant remained behind and respondent continued to pay rentals for his wife and children as well as maintaining them. The couple had been blessed with twin boys who were seven years old at the time of the parties’ separation. Sometime after separation, respondent says he... More
The applicant is a Zimbabwean citizen who also holds a Canadian passport and is a Canadian citizen. She therefore enjoys dual citizenship. On her visit to Zimbabwe she uses the Canadian passport and is subjected to visitor entry procedures which entail the endorsement of a visitors’ entry certificate for which a fee of US$75 is payable. Such endorsement allows the applicant a 30 day stay in Zimbabwe. At the lapse of such period the applicant has to seek an extension should she desire to remain in Zimbabwe. The extension entitles her to a total 60 days’ stay without payment. In... More
MATHONSI JA: This is an automatic appeal against conviction and the sentence of death imposed on the appellant by the High Court on 30 July 2020 following his conviction of murder with actual intent More
On 21 July 2015 the plaintiff issued process out of this Court against the first and second defendants with the 3rd defendants merely cited in his official capacity. In the action the plaintiff sought to recover from the 1st and 2nd defendants a sum of USD144 864-00 being damages for unjust enrichment arising out of improvements allegedly made by the plaintiff on the latter’s Kalanga Farm.
The plaintiff also sought to recover interest on the amount of claim at the prescribed rate from the date of issue of summons to date of payment in full together with costs of suit. More
The appellant approached this court challenging the whole judgment of the Harare Magistrates Court based on four grounds of appeal which are as follows:
“1. The court a quo misdirected itself at law when it ruled that the court a quo has jurisdiction to hear the respondent’s claim in the main matter.
2. The court a quo also erred in that it failed to find as a fact that the appellant’s explanation for the default when he failed to enter an appearance to defend is reasonable and that the bona fides of his defence on the merits of the case... More
This is an appeal from a decision of the National Employment Council (NEC) for the Tobacco Industry. Appellant was employed by the respondent as a motorbike messenger driver. Before dollarization he was given a Grade 3 C notch which was merit based. His wages were above a grade 8 A1 employee. After dollarization appellant’s grade was changed to Grade 4 E but the salary was below that of Grade 8 A1. Appellant resigned in April 2011. More
This is an appeal against the decision of the respondent employer’s General Manager where he upheld the guilty verdict and dismissal penalty meted out on appellant employee following allegations of disobedience to a lawful order, fraud and conduct inconsistent with his employment in breach of the respondents’ code of conduct. More
The applicant approached the court seeking an order in the following terms:
1. The Respondent gives vacant possession of Stand No. 13424 Unit “N” Seke Chitungwiza within 14 days of this order being served on him. More
Appellant was a teacher at Changamire Secondary School in Buhera. Under paragraphs 7 and 24 of the Public Services Regulations 2000 Statutory Instrument 1 of 2000 (the Regulations) Appellant was charged with and dismissed from employment for improper association with a minor (student) and abuse of authority. More
This is an opposed application for the upliftment of a bar in terms of the R39(4)(a) of the High Court Rules 2021 arising from the applicant’s failure to serve the other party their notice of appearance to defend timeously. More
