Welcome to Midlands State University Library

Court Judgements



Browse Court Judgements by year
Pursuant to the registration of an arbitral award handed down in favour of the respondents on 17 November 2009, the respondents have proceeded to execute on that order. The execution currently in full swing has led to the attachment of the applicant equipment some of which constitute the mainstay of its very existence. The applicant’s very existence and the welfare of all its employees including the respondents have been thrown on the spotlight. It is under a serious threat. Alarmed by the unfolding drama the applicant sought clarification as to what amount was exactly due to the respondents against what... More

The plaintiff runs a tour operator company under the style of LED Travel and Tours (Pvt) Ltd. The first defendant owns Douglas Car Sales (Pvt) Ltd and he also owns the second defendant. The present feud between the parties has its genesis in matters of football and partnership. When the first defendant, in 2008, found it difficult to run the second defendant due to financial constraints, he intimated to the plaintiff that he was thinking of either selling the second defendant’s franchise or seeking a partnership in order to lessen the financial burden bedevilling him. The two subsequently concluded a... More

The applicant and the first respondent are engaged in a vicious scramble over the right to occupy the Remainder of Lot 19 of Umsungwe Block measuring 69. 5113 hectares situate in the district of Gweru in the Midlands province. While the description of that land varies, its identity is not in dispute. The applicant claims the right to occupation on the basis of an offer letter issued to him by the acquiring authority on 10th of November 2006 and a permit issued to him by a Dairy officer on 6 May 2010. He now seeks the ejectment of the first... More

The plaintiff herein claims the eviction of the defendants from the stand in dispute, together with holding over damages, and costs of suit on a higher scale. The primary issue for determination is whether or not the transfer of the property to the plaintiff was properly effected. The plaintiff’s entitlement to an eviction order and holding over damages hinges upon the answer to that question. More

The background to this matter is as follows. The respondent’s business is to collect, store and disseminate public information on persons likely to use the banking services or credit facilities of financial institutions. In terms of the respondent’s standard contract with its clients, the latter use its centralised system to check the antecedents of their customers so as to avoid the possibility of civil or criminal default. According to the Preamble to that contract, the respondent operates a credit protection bureau on behalf of the Zimbabwe Financial Clearing Association (ZFCA). The ZFCA provides information for its registered and associated members,... More

: The applicant and the respondent are former employee and employer respectively. The relationship came into effect on 1 June 2009 when the parties signed a contract of employment. The employer-employee relationship went sour sometime in January 2011 and the parties agreed to part ways amicably More

The plaintiffs approached this court seeking an order declaring the will of the late Chitsamatanga, dated 26 May 2000, null and void, that the testator died intestate and an order for costs. The basis for the order being sought is that at the time the testator executed the will, he was not in a mental state to execute a valid will as he was aged 86 and was senile. Alternatively the testator could not appreciate the nature of his actions as he had high visual impairment. This necessitated that the will be read to him and he could have been... More