The applicant is being charged with armed robbery as defined in section 126 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). He faces a further charge of attempted robbery in contravention of section 189 as read with section 126 of the Criminal Code. The allegations are that the applicant together with four co-accused persons went to house number 1956 Emakhandeni Bulawayo on the 24th October 2019 and robbed Angeline Mapirimira. On the second count the state alleges that the applicant together with his co-accused attempted to rob ChiedzaSibanda at number 117 Matopos Road, Famona, Bulawayo. The applicant was... More
This matter came to me as an opposed application. On 6 June 2018, I made the following order that;
1. The 1st respondent be and is hereby removed as an executor in Estate Samson Shana, DRB 748/13.
2. The 1st respondent be and is hereby ordered to return the Letters of Administration issued to her together with all work done to date.
3. A different and neutral Executor/Executrix be appointed by the Master in consultation with counsel for both parties.
4. There be no order for costs.
Below are my brief reasons for the order
The six (6) applicants are... More
The appellant and respondent were married on 29 September 2012 in terms of the Marriages Act [Chapter5:11]. Their union was blessed with a minor child, Makatendeka Mubaiwa, born on 5 July 2013. On 16 October 2017, the respondent instituted divorce proceedings in the court a quo alleging irretrievable breakdown of their union. As such, he sought a decree of divorce and ancillary relief.
The appellant filed a plea and counterclaim wherein, whilst accepting that their union had irretrievably broken down, she proposed different terms of what she deemed equitable distribution of the parties’ various properties, fair and reasonable terms of... More
This is a ruling in an interlocutory application made by Applicant for the upliftment of bar operating against heras a result of his failure to file heads of argument in time as stipulated by the Labour Court Rules, 2017. Some background information to the matter is however necessary.
The main application filed is an applicaton for condonation for late filing of an application for reinstatement of an application for condonation of late noting of a review. The Applicant is a former employee of the Respondent. In March 2019 through hererstwhile Legal Practitioner, Zimudzi & Associatesfiled an application for condonation of... More
This is an urgent chamber application in which the applicant seeks the following interim relief:
“1. The respondents be and are hereby temporarily interdicted from interfering with applicant’s rights of ownership, possession and title in respect of stand number 32 Whitestone Road, Matsheumhlope, Bulawayo, held under Deed of Transfer number 771/11.
2. The 1st respondent, his nominees, his agents and assignees, be and are hereby temporarily interdicted from accessing or interfering with applicant’s occupation and possession of stand number 32 Whitestone Road, Matsheumhlope, Bulawayo, held under Deed of transfer number 771/11.
The application is opposed. The averments made by the... More
This case seems to epitomize the extent to which an employer can go in a bid to prevent payment of what is due and owing to a hapless employee. In order to ensure capitulation the employers’s entire machinery i.e. legal, financial and human resources is unleashed on the bemused employee, contrary to the supposed benign nature of human kind. Perhaps, this is what Capitalism or malignancy is all about, but is the defendant not a public entity not solely run for profit? One wonders. More
On the 13th July 2020 this court handed down an order dismissing the appeal filed in this matter. The appeal was against an arbitral award handed down on 26th of August, 2014in which Hon H.T. Pasipanodya found that the Appellant’s claim for unlawful dismissal was not justified and therefore the dismissal penalty had been properly imposed. The appeal was opposed. I apologise sincerely to the parties for the delay in writing the judgement. I fell ill in 2017 and delayed in the delivery of many judgements this one included. The following constitute my reasons for the judgement in the matter. More
