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The applicant carries on business as a transport operator. During the months of November 2008, December 2008 and January 2009 the applicant availed to its employees fuel coupons and food hampers as part payment of remuneration due to them. Following an audit of the applicant’s business by the respondent in June 2009, the respondent wrote to the applicant’s accountants contending that the fuel coupons and food vouchers should be treated as remuneration in foreign currency and that PAYE in respect thereof should have been paid by the applicant in foreign currency. The applicant contended that the issuance of fuel coupons... More

This is an urgent application wherein the applicants seek the following relief:- “1. The applicants be and are hereby authorised, directed and empowered to execute the judgment under Case Number 6257/11 notwithstanding the appeal noted against that judgment by the respondents. 2. The first and second respondents be and are hereby restrained from vandalizing and or removing fixed assets on the land including electrical installations, water irrigation pipes and dwelling houses. 3. The Sheriff or his lawful Deputy be and is hereby directed, empowered and authorised to execute the eviction of the first and second respondents from the whole of... More

The appellants are all incorporated companies in the business of purchasing and selling listed securities on behalf of others, or simply stockbrokers. The respondent is the Zimbabwe Revenue Authority, an agent of the state charged with assessing, collecting and enforcing payments of all revenues and established in terms of section 3 of the Revenue Authority Act, [Cap 23:11]. More

The applicant is the natural mother of two minor children who shall herein be referred to as A and B. The biological fathers of the children are unknown. The applicant has approached this court seeking an order that her sister Susan Chimhanzi be awarded custody and sole guardianship of the two minor children purportedly in terms of s 9(1) of the Guardianship of Minors Act, Chapter 5:08, herein after referred to as the Act. In an earlier application Susan Chimhanzi had been cited as the applicant. After I queried the appropriateness of the application especially as it was made in... More

On 5 March 2009 the plaintiff herein instituted proceedings against the three defendants, jointly and severally, the one paying the others to be absolved for the payment of an amount of US$ 30 306.13, interest at the prescribed rate and costs of suit. The defendants all entered appearance to defend and filed a joint plea. In due course the matter was referred to a pre-trial conference before a judge in chambers and it was thereafter referred to trial. A joint pre-trial conference was filed by the parties which encompassed the issues for trial as well as the admissions made. When... More

The facts of this matter are common cause. It is not in dispute that on 21 July 2006 at about 11.00 am, the plaintiff was arrested and picked up by two uniformed members of the Zimbabwe Republic Police from his workplace at TPT Transport and Equipment Company in Ardbennie, Harare. He was picked up together with his workmate, one Clement Marioni. They were taken to Southerton Police Station. Upon request by him, the police advised him that he was being treated as a suspect in a case of theft of batteries which had occurred at his workplace. He was only... More

This matter was initialed set down for hearing on 28 May 2010. When the matter was called I requested counsel to address the issue of the legality of the transaction between the parties given the existence of two agreements with differing purchase prices. Counsel duly furnished supplementary heads of argument on the issue and I am grateful to both for their diligence. More