This judgment will dispose of bail application No B 1907/20 and application for condonation of late noting of appeal CON 420/20. The background facts to the two applications is that the applicant together with his two co-accused appeared before the regional magistrate at Marondera Magistrates Court facing three counts of robbery as defined in s 126 (1) (a) (b) of the Criminal Procedure and Evidence. The details of the charges were, firstly, that in count one, it was alleged the three acting in common purpose and by intentional and unlawful use of violence and stabbing the complainant with a knife... More
MABHIKWA J: The plaintiff issued summons against the defendant. She alleged that she and the defendant were married in terms of Shona custom in December 2006. She said that the defendant is therefore her estranged customary law husband. The parties are now living separately and not as husband and wife. There are three minor children born of the union namely Byron Sydwell, Darrel Sydwell and Mia Sydwell Nsingo.
During the subsistence of the said union, there developed and existed a “tacit universal partnership between the parties wherein the two were equal partners. The plaintiff was employed by Exortica Nurseries from... More
The appellant and the respondent were landlord and tenant by virtue of a written lease agreement over a fixed property called stand 7449A (also called Shop No. 1, 32 Julius Nyerere Way, Harare. The lease agreement was executed on 17 January 2018. The agreement was due to terminate on 31 March 2018. The appellant instituted proceedings against the respondent in the court a quo in which it prayed for an order to confirm the termination of the lease agreement, ejectment of the respondent from the leased premises and costs of suit. The appellant based its case for the relief sought... More
Arbitration falls in the realm of alternative dispute resolution. In a jurisdiction like Zimbabwe in which the adversarial approach is used, it is often touted as a better alternative than the winner-take-all approach. However, as this matter will show, there is a long line of litigants who as they are entitled to, seek setting aside of awards in terms of Article 34 of the schedule to the Arbitration Act [Chapter 7:15] More
1. This is an appeal against the whole judgment of the High Court in a matterin which three court applications mentioned hereunder were consolidated by consent and consequently heard at the same time.
2. An application under HC 11481/17 was made by the appellant in terms of r 358 (9) of the Rules of the High Court, 1971 (the rules), for the setting aside of the first respondent’s decision confirming the second respondent as the highest bidder in a sale in execution. The parties in that matter were the appellant, as the applicant, with the respondents being the first, second... More
Sometime in July 2021 Jeffm Auctions (Pvt) Ltd (first respondent) placed advertisements in the media informing interested parties about a pending public auction to be conducted on behalf of Forestry Commission (second respondent) on 24 July 2021. On offer were a Sanding Machine, Hot Press System and Glue Spreader. Applicant was attracted by the advert and proceeded to abide by the preliminary prerequisites of obtaining a bidder’s card and made payments. On the set date applicant attended the auction and emerged the highest bidder of all the threat lots. What is not clear on the record is why the prices... More
This is an appeal against a decision from the respondent’s Disciplinary Authority(DA).
Mr Mareya, the Appellant was employed by the Respondent as its General Manager, Projects. He was dismissed from employment following disciplinary proceedings on two counts of violating section 4 (a) of the National Code of Conduct S. I 15/2006 as read with sections 14 and 45 of the Public Finance Management Act, [Chapter 22:19] [P.F.M.A.]. Aggrieved by that decision, he appeals on the following grounds and I quote: More
