The brief facts are that Appellant was employed by the Respondent as a bus conductor. On 13th December Appellant was a bus conductor on BO11 bus from Harare to Mutare. The conductor cashed in low revenues. As a result investigations were conducted to establish the cause of such low revenues. The ticket book had Bromley tickets and the driver of the bus indicated during the investigations that his first stop was Marondera. Respondent asked for the top copies of the tickets which the Appellant failed to produce. More
The applicants are facing a charge of murder it being alleged that on 17 March 2012 and at Ashley Compound in Shamva they assaulted the deceased, Luxmore Chivambo using baton sticks, booted feet and clenched fists. They allegedly later took him, along with other individuals they had arrested, to Shamva Police Station where they continued the assault before detaining the deceased whose condition later deteriorated and he died on 18 March 2012 at Shamva District Hospital. They are also accused of violating s 89 (1) (a) of the Criminal Law Code [Cap 9:23]. More
The plaintiff and the defendant were married to each other on 21 July 1989, in terms of the then Marriage Act [Cap 37, ] now [Cap 5 .11]. Their marriage was blessed with three children. Their first two children have attained the age of majority though the younger one is studying for a degree at Fort Hare University where the plaintiff is employed as an I.T.C manager. The eldest child has already obtained a degree, and is staying with the plaintiff looking for employment in South Africa. The parties’ youngest child Farai born on 17 June 1998, is the only... More
This is an application for summary judgment. The basis of the application is that sometime in 2010 respondent was supplied upon request on credit, cake flour by the applicant to its various branches throughout the country. The cake flour was valued at US$828 518.05. This amount was due and payable on 7 December 2010. Respondent acknowledged its indebtedness by securing US$700 000.00 via a surety mortgage bond number 1020/2010 by a company called Medworth Properties (Pvt) Ltd. A further US$218 240.00 was acknowledged via an acknowledgement of debt signed by respondent on 27 October 2010. Given the foregoing, the appearance... More
This is an appeal against the decision of the Provincial Magistrate sitting at Harare delivered on 30 March 2012 in which he dismissed an application by the appellants for the suspension of their sentence of 12 months imprisonment or 420 hours of community service at institutions in Harare and Chinhoyi. More
The appellants were convicted of three counts of culpable homicide as defined in s 49 of the Criminal Law (Codification & Reform) Act, [Cap 9:23]. They were sentenced to 15 months imprisonment of which 5 months were suspended on conditions of good behaviour and a further 10 months were suspended on condition that the appellants performed 350 hours of community service. Aggrieved by their conviction and sentence, they now appeal to this court against both. More
The applicant herein seeks a declaratory order that: it overpaid withholding tax to the respondent from January 2007 to October 2008 in the total sum of US$215,878.65; it is therefore entitled to offset the withholding tax payable for 2009 and 2010 against that overpayment; and all withholding taxes due by it for 2009 and 2010 have been settled in full. The respondent denies that any such overpayment was made or that the applicant is entitled to any set-off against its liability for withholding tax. Both parties seek an order for costs on a higher scale. More
