The undisputed facts in this case are that the plaintiff being represented by Mr. Ernest Magome the director, carried out refurbishment works at the defendant’s school, Chitsere Primary School worth US$44 375.20. The defendant managed to pay the plaintiff an amount of US$23 700.00 leaving a balance of US$20 675.20. This balance is what the plaintiff is now claiming from the defendant together with interest at the prescribed rate and cost of suit.
The defendant is now refusing to pay the balance alleging that Mrs. Chuma who was the then Acting Headmistress of the defendant and also the chairperson of... More
The two records of proceedings suffer from the same procedural irregularity in relation to the disposal of the cases by way of trial on a guilty plea procedure as provided for in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07]. The cases were dealt with by the same Magistrate at Mount Darwin Magistrates’ Court. More
TAKUVA J: This is an application for bail pending trial. Applicant is on remand on one count of murder and six counts of attempted murder. The allegations are that on 9 February 2021 at approximately 01:00 hours, the applicant proceeded to the complainant’s homestead where upon arrival sprinkled some inflammable liquid around a three bedroomed house and set it on fire. Inside the house were 7 occupants sleeping in different rooms. One of the complainants Robert Donga a75year old man was seriously burnt and he died the following day. The other six who are aged 51 years, 22 years, 19... More
This is an application to compel discovery and the filing of pre-trial documents in HC 13081/12. The respondent has raised the preliminary point that the application is fatally defective for want of the correct form. Further, she submits that the application is improperly before the court, the main matter having been struck off the roll and no application for reinstatement having been made. More
This is an application for the setting aside on review of the termination of the applicant’s contract of employment with the second respondent and the disciplinary proceedings which resulted in the termination of employment. Applicant also seeks reinstatement to the position of Country Representative without loss of salary and benefits from 1 May 2019, and costs of suit on the attorney-client scale. Applicant alleges gross irregularities in the proceedings, bias and gross irrationality as the grounds of review. The application is opposed by the respondents. At the hearing of the matter I heard submissions in respect of both the objections... More
MAVANGIRA JA:
1. This is an appeal against the conviction and sentence of the appellant by the High Court on a charge of murder.
2. The appellant was charged with murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Chapter9:23]. The allegation was that on 23 October 2011 at house number 221 Ephraim Blank Street, Chivhu, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and setting her on fire causing severe burns all over her body, from which injuries she died on 26 October 2011. More
This is an appeal against the determination of the Disciplinary Authority appointed by the respondent in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 (the National Code). The Disciplinary Authority found the appellant guilty of misconduct and imposed a penalty of dismissal. More
