The background facts are contained in the affidavit of the applicants. All five applicants are erstwhile Workers of Bingaguru Farm in Makoni District, in Manicaland Province. Bingaguru Farm became a subject of land resettlement directly affecting the applicants, their families and livestock. Sometime in 2011 traditional leaders integrated them and allocated them plots of land for resettlement. Respondent then entered into a partnership agreement with Sports Leaders Institute of Zimbabwe wherein the local authority provided land to the organisation on 5 February 2020 and the Sports Institute took occupation and started to put structures at the site. Among other activities... More
The first – third appellants filed their joint appeal under case No. B 429/21. The fourth appellant separately filed his appeal under case No. B 494/21. The bail applications were set down for hearing on the same date. The appellants are all co-accused in the case for which bail was refused by the magistrate and is now subject of this appeal. By agreement of counsel, the applications B 429/21 and B 494/21 were consolidated for purposes of hearing and judgment. This explains why the fourth appellant has been cited as such. More
The applicant is Mining Industry Pension Fund, a body corporate with juristic status and capable of suing and to be sued. The defendant is Cohen Chipunza, a male adult of Harare. The plaintiff is the owner of a certain immovable property called Stand 17594, Shop No. F09, Angwa City, Harare. The defendant stood as surety and co-principal debtor in solidium in respect of the rental and other obligations required to be satisfied by a company called Future Generations (Pvt) Ltd, in terms of a lease agreement between the plaintiff and the aforesaid company in relation to the plaintiff’s property referred... More
MUREMBA J: The applicant was sued by the two respondents in HC 5141/19 and HC 5140/19 respectively. The two respondents are claiming damages in the sum of US$23 000.00 and US$17 000.00 respectively arising from the injuries they allegedly sustained after having been shot by members of the Zimbabwe National Army who were acting in the course and scope of their employment. The applicant is being sued on the basis of vicarious liability since she is the minister responsible for the Zimbabwe National Army. More
This is applicant’s third attemptat being admitted to bail following two previous failed applications. He brings this application in terms of section 116 (c) proviso (ii) of the Criminal Procedure and Evidence Act, [Chapter 9:07] (“the CPEA”) which entitles one who has been unsuccessful in previous bail applications to institute a fresh one, the latter which however must be based“new facts” which were hitherto not placed before the court in such previous application(s) or those which have since arisen in the intervening period. More
Application for condonation for late noting of review application was filed at the instance of the applicant employee. The respondent employer opposed the condonation and raised a point in limine. It is the point in limine which is the subject of this judgment.
The employer takes the point that the condonation application is improperly before the court as it is based on a defective notice of review. Its argument is that LC5 the form on which a review application is to be made makes it clear that the application shall be accompanied by a founding affidavit which the respondent would... More
The applicant seeks a declaratory order to the effect that she is the sole occupier of rural homestead in Nyamakosi village, Mutoko. Additionally, she seeks consequential relief to the effect that any visit by the first to the fifth respondents at the applicant’s rural homestead in Nyamakosi Village Mutoko without her permission in writing is unlawful. More
