This is an application for rescission of judgment brought in terms of Rule 449 or alternatively Rule 63 of the High Court Rules, 1971.
Rule 449 provides that:-
(1) “The court or a Judge may in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order –
(a) that was erroneously sought or erroneously granted in the absence of any party affected thereby; or
(b) ………………”
The applicant seeks rescission of the judgment granted in case number HC 523/2019 on the basis... More
In this matter an order dismissing the appeal was made. The following are the reasons.
The appellant was dismissed in terms of Statutory Instrument 15/06 for an act/omission inconsistent with express/implied conditions of employment. The dismissal followed allegations that he failed to adequately supervise his subordinates. He also failed to ensure sufficient production of supplies to some of the respondent’s clients for a particular festive season. Such failure led to financial prejudice to the respondent. More
On the 5th of May 2020 the applicant was arrested on allegations of robbery in contravention of section 126 of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant appeared on an initial remand on the 7th of May 2020. He was remanded in custody and is currently lodged at Khami Prison. The state opposes the application for bail. Applicant denies the allegations against him and contends that he was nowhere near the crime scene on the day of the robbery. More
An order dismissing this appeal with costs was made with reasons to follow. These are they.
This is an appeal against the decision of the respondents’ disciplinary authority dismissing the appellant from their employ. The dismissal was pursuant to the conclusion of disciplinary proceedings which were conducted against him. He was disciplined for:
“(i) Improper performance of duty …;”
and
(ii) Any act or omission which is consistent with or prejudicial to the discharge of official duties including abuse of authority.”
This were violations of paragraphs 2 and 24 respectively of the first Schedule of the Public Service Regulations Statutory,... More
This is an application for bail pending appeal. The application is opposed by the state on the grounds that there are no reasonable prospects of success on appeal against both conviction and sentence. More
The state alleged that on 27 April 2019, and at plot No. 84, St Faith, Rusape, Malven Muchedzi and the appellant, both and each or one or the other of them unlawfully took a black cow owned by Tafara Chitsike intending to deprive him permanently. On the same date appellant contacted Zvikomborero Ndedzo on his mobile phone informing him that he was selling a cow which had suffered a broken leg. Zvikomborero Ndedzo advised Peter Antonio Mutoniya through his mobile phone who agreed to buy the cow. On the same day at around 2000 hours, the appellant and his accomplice... More
The respondent, Mathew Muchazviona Gwaku, then a self-actor issued summons in the Magistrates Court in 2018 seeking the removal of appellant’s property from his Clock Room at Mudzviti Bus Terminus in Mutare on the grounds that the appellant had failed to pay rentals in the sum of $400-00 and advertising fee totalling $800-00. He indicated that he had given appellant a notice to vacate by writing a letter of demand which letter was ignored by the appellant. On 15 August 2018 the appellant filed its appearance to defend the action. On 27 August 2018 respondent filed a notice to plead.... More
