Do the dead speak from beyond the grave? In my view that is the question that this court must answer in order to determine this case. This is a matter which has remained unresolved for the past 15 years. In spite of leaving a will the parties have tried, without success, to ascertain the true intention of how the rights and benefits of the estate of the late Amos John Chirunda who died on 8 December 1997 should devolve.
The facts of this matter may be summarised as follows: More
This is an application for the review of the second respondent’s decision at Guruve Magistrates Court in case number C 08/10. The grounds for review are properly set out on the face of the application. The procedural irregularities on which the application is based were that the second respondent was obliged to conduct a trial rather than an enquiry, secondly, that he failed to distribute 10 head of cattle and the Muzarabani stand and lastly that he did not keep a record of the proceedings of 20 September 2010. More
The 2 plaintiffs instituted summons action against the first and the second defendants jointly and severally the one paying the other to be absolved for US$125 000-00 in respect of the first plaintiff and US$190 000-00 in respect of the second plaintiff as damages for bodily injury sustained in a motor vehicle accident. The plaintiffs were, at the time of the accident, employed by the Reserve Bank of Zimbabwe as inspectors in the anti-money laundering division. More
The Appellant was employed by the Respondent in 2005 as an International Bus Driver. He was dismissed from employment with effect from 17th of April, 2012 following his conviction on a charge of violating Sections 1.1 and 2.3 (GrossNegligence) of the relevant Code Statutory Instrument 94 of 1995. The allegations were that on the 2nd of March, 2012 the Appellant was involved in an accident whilst operating one of Respondent’s buses. The Appellant appealed to the Managing Director whichappeal was dismissed. Aggrieved the Appellant has noted his appeal against that decision with the Labour Court. More
This is an application for condonation of late noting of an appeal. It is trite that in order for the application to succeed, the following factors are considered:
a) Whether the extent of delay in noting the appeal is in ordinate considering the circumstances of the case.
b) Whether there is a reasonable explanation for the delay.
c) The prospects of success should the matter be heard on the merits. More
On 17th October 2011 this Court made an order by default in favour of Respondent. On 18th October 2011 Applicant filed the present application for rescission of the order. Respondent opposed the application. More
On the 13th of July, 2012 this Court granted an order by default in favour of the Respondent. The Applicant has filed the present application for rescission of that order, upliftment of the bar and condonation for the late filing of heads of argument. The application is opposed. More
