This is an appeal against the decision of the Chief Executive Officer of the respondent to confirm the decision of the disciplinary hearing committee. Appellant was working as an international truck driver. He was driving a tanker truck ferrying fuel from Mozambique and/or South Africa to Zambia and/or the Democratic Republic of Kongo. On 3 occasions appellant delivered product that was less than what was loaded. Appellant was charged with gross negligence; loss of product. More
The applicants were convicted of theft of Trust property as defined in s 113 (2) (d) of the Criminal Law (Codification and Reform) Act [Cap 9:23] as read with s 277 (3) of the code. After a protracted trial in the Regional magistrate court they were duly convicted and sentenced for the offence. During trial there were 3 accused that is including the company in which the two applicants are directors. Upon sentencing the first accused that is the company for the obvious reason that it is a legal persona was sentenced to pay a fine or in default a... More
This is an application for condonation for late noting of appeal and for extensive of time within which to make the appeal if condonation is granted. More
On 14 February 2005, the appellant and respondent appeared before the magistrates court in an application for the downward variation of a maintenance order against the appellant from $1 000 000-00 (old currency) to $300 000-00 per month for one minor child. The trial court dismissed the application but without reasons. Dissatisfied, the appellant noted an appeal to this court. More
The applicant seeks a declarator by this court that the 1st respondent’s taxed bill of legal fees in the tune of US$14 714.25 is unprocedural, unlawful and null and void and that it should therefore be set aside. The application was filed on the 23rd of April 2024 when the applicant was represented by Messrs Mehluli Ndlovu and Partners. The notice of taxation was for the 8th of May 2019 while the taxed bill was stamped on the 9th of May 2019 by the 2nd respondent. It is common cause that the 1st respondent’s fee note is dated the 17th... More
The Bulawayo City Council owns land in which there is a farm going by name Look Kraal Farm. The applicant’s parents have been renting that farm for several years. It happens that the farm is now more known for gold than the farming of any kind. The 1st respondent is a mining syndicate needless to say attracted to and interested in gold. The 5th respondent owns a gold mine near the Look Kraal Farm. The gold mine in question is called Wolley Dog Mine. These are the main players in this dispute. The parties have been in and out of... More
The plaintiff and defendant married on 28 June 2002 in Finland. No children were born of this union. In December 2007 the plaintiff moved out of the matrimonial home and on 30 April 2008 he issued summons out of this court seeking a decree of divorce and other ancillary relief. The defendant opposed the claim on the basis that the marriage had not broken down. She also claimed movable property and an immovable property known as Stand 9 Dorset Road, East Avondale Harare. At a pre trial conference held before a judge in chambers the defendant applied to amend her... More
As the background of the case unfolds, the plaintiff sued the defendant on 18 August, 2014. He claimed the following relief against the defendant:
(i) $100 000 being general damages for pain and suffering for injuries which he sustained in a car accident which occurred on 14 March, 2014. The accident, according to him, was caused by the sole negligence of the defendant.
(ii) $3 664.17 being medical expenses
(iii) $15 000 per month being future medical expenses – and
(iv) costs of suit.
The defendant engaged Nyawo Ruzive Legal Practice. This entered appearance to
defend on 26 September, 2014.... More
The applicant seeks an order, in terms of s 3 of the Deceased Persons Family Maintenance Act [Cap 6:03] (“the Act”) that Stand 140 Upper East Road be awarded to the minor child Beatrice Maloya (“Beatrice”). More
The parties were married in terms of the Marriage Act, [Chapter 5:11] on 24 December, 2005. Two minor children namely Donnel Munesu Mandienga, born on 1 June 2006 and Diana Mutsawashe Mandienga born on 5 December, 2009, were born out of the marriage. The plaintiff issued summons on 16 July, 2013 claiming a decree of divorce and ancillary relief on the ground of irretrievable breakdown of the marriage. More
This is an application for the reinstatement of a matter, which had initially been struck off the Roll. On 6 February 2019, the court struck off the Roll the applicant’s application for condonation by consent of the parties on the basis that the matter was improperly before the court. More
This was an urgent chamber application for an interdict. I heard it on 14 February 2017 and reserved judgment. Evidently the application was prepared without regard to the elementary requirements for an interlocutory interdict. Even the argument on urgency was tenuous. More
On 18 November 2021, the appellant’s appeal against eviction from property known as Stand No. 11740A Harare Road, Mbare was dismissed. The judgment was given ex tempo. The appellant has appealed to the Supreme Court against the dismissal of his appeal and has requested the full reasons for dismissal in writing. More
MABHIKWA J: The applicant filed an application for the review of the 2nd respondent’s decision made on 23 August 2019 in determining a mining dispute between the applicant and the 3rd respondent. The grounds for review were as follows;
1. The procedure used by the 2nd respondent in determining the dispute using a Global Positioning System (GPS) survey was grossly irregular to the extent that it contravenes the principles and procedures laid out in the Mines and Minerals Act (Chapter 21:08).
2. The decision of the 2nd respondent in ordering thatShebeen King Mine registration 6734 must “revert to its docket... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for by Section 92D of the Labour Act Chapter 28:01 as read with Rule 19 of the Labour Court Rules S.I. 150 of 2017. Respondent opposed the appeal. More
