The appellant Urban Council was arraigned before a Provincial Magistrate sitting at Tredgold on 6th July 2016 on a charge of culpable homicide as defined in section 49 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). The allegations against the appellant being that on 5th December 2013 and at a tower light along Matshemhlophe Road, opposite Induba Primary School in Iminyela Suburb, Bulawayo, the appellant negligently caused the death of Shepherd Mpala Mgcini who was electrocuted when he came into contact with an unearthed armoured electric cable. Appellant pleaded not guilty to the charge but following a full... More
TAKUVA J: This is a court application for a declaratur in terms of s14 of the High Court Act Chapter 7:06. The applicant is a local authority duly instituted in terms of the Urban Council’s Act (Chapter 29:15) which is the authority responsible for the management of the City of Kwekwe.
The respondent is a body corporate duly established in terms of the Zimbabwe National Water Authority Act [Chapter 20:25].
On 15 February 2013, the parties entered into an agreement for the provision of water to applicant’s rate payers. In terms of that agreement, the applicant is the consumer while... More
This is an application for rescission of a default judgment brought in terms of Order 49 rule 449 of the High Court Rules, 1971. The judgment sought to be set aside was granted in favour of the 1st respondent on the 4th October 2012. The applicant contends that the judgment was entered without his knowledge and that he only became aware of its existence on 17th January 2018 when his legal practitioners were served with a letter from 1st respondent’s legal practitioners dated 16 January 2018. The applicant avers that the default judgment was erroneously sought and obtained. It is... More
This is an urgent application wherein the applicant seeks the following interim relief:
“Pending the determination of this matter, the applicant is granted the following relief:
That the 1st, 2nd and 3rd respondents and all persons claiming through them be and are hereby interdicted from interfering with the applicant’s occupation and use of the mining claims being:
1. Antelope 1 Mine held under registration number 19143.
2. Antelope 2 Mine held under registration number 19050.
3. Antelope 3 Mine held under registration number 19051.”
The facts of this matter are that the 2 parties herein entered into an option agreement... More
The court a quo in this matter was confronted with the fact that when the complainant was arrested at his business premises in Burma Valley, Mutare by CID details based at CID Mutare he had no injuries but when he later emerged from the CID offices he had been physically violated. The issue which the court a quo had to deal with was not only whether the complainant had been assaulted at CID offices Mutare but who had assaulted him. The complainant implicated two CID details one NdiudzeiMagawa and the appellant Collen Chirema. It is therefore clear that what confronted... More
Applicants are in the employ of the 1st respondent as managerial executives. In 2015, the Minister of Local Government, Rural and Urban Development issued a directive to local councils through the permanent secretary. The directive had the effect of reducing the remuneration of Town Clerks in the respective local authorities. The directive also meant that such reduction in salaries was to affect the lower managerial grades. 1st respondent implemented this directive, applicants were affected by it. Applicants were aggrieved by this decision and referred their matter to a Labour Officer. A hearing was held in January 2017 and 2nd respondent... More
This is an appeal against the judgment of the High Court, absolving the respondent from the instance, at the close of the appellant’s case as plaintiff in that court. More
