4. This application will be better understood against the background that follows. On 13 June 2013 NMB Bank Limitedsued out a summons (HC 1473/13) against the applicants herein seeking in the main an order for the payment of the sum of USD61 824.00 inclusive of the capital debt and interest, and an order declaring the remaining extent of stands 1444, 1445, 1452, 1453 and 1454 Khumalo Township lands held under Deed of Transfer 1411/2005 (property) specially executable. More
The appellant avers that on a date prior to 1 January 2018 it entered into an agreement with the respondent in terms of which the appellant agreed to sell tea products valued at USD 47 493.17 to the respondent for resale in Malawi. The appellant proceeded to deliver the tea products to the respondent in Malawi at 1220 Kenneth Kaunda Avenue, Blantyre, Malawi. For purposes of ensuring that such export delivery could be done, the appellant declared such exportation through CDI forms obtained from the Reserve Bank of Zimbabwe. The appellant was required by law to repatriate the export earnings... More
The applicant, a South African registered transport company, seeks the release of one of its haulage trucks seized by officials of the respondent. The said truck, consisting of a mechanical horse and two trailers (“the truck”), was impounded in Masvingo en route from South Africa. The seizure took place after a routine roadblock search conducted on it yielded a contraband of smuggled goods comprising 31 refrigerators, 10 electric stoves and a few other items (“the smuggled goods”) over and above the consignment of goods that had been officially declared at the port of entry. The latter goods were referred to... More
On 31 March 2020 applicant applied for a protection order in terms of the Domestic Violence Act [Chapter 5:16] against first respondent. An interim order was issued by second respondent and on 11 June 2020 second respondent after hearing submissions from the parties, granted a reciprocal protection order which order was meant to protect the parties against each other.
Aggrieved by the second respondent’s ruling granting such an order, applicant approached this court on review on the following grounds:-
1. that second respondent’s decision was grossly irregular
2. that second respondent was also grossly unreasonable and irrational
3. that second... More
This is a civil appeal against a decision of the Magistrates Court sitting at Gweru.
The matter came before the Learned Magistrate as an urgent chamber application for eviction. In the court a quo the respondent herein was the applicant while the appellant herein was the respondent. More
The appellant and one Taurai Tsikudzawo (also sometimes spelt as Tsikuzawo in the record of proceedings) were charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). The allegations against them were that on the 7th of December 2010 and at around 2100hrs, the appellant and his co-accused, while pretending to be customers, entered Zemba Store, a shop belonging to one Alex Jomboro (the deceased) at Kandeya Township, Mt Darwin. The deceased was behind the counter when one of the accused persons jumped over the counter and demanded cash from... More
The appellant was employed as a Restaurant Supervisor by the respondent. She was dismissed from employment following disciplinary proceedings. Aggrieved by that outcome she appeals to this Court on the following grounds and I quote:
“1. The court a quo misdirected itself on the fact (sic) in holding that the Appellant was guilty of misconduct (sic) inconsistent with the contract of employment.
2. The court a quo erred at law by finding the Appellant guilty of a matter that had no evidence or proof. If the complainant was aggrieved should have raised a grievance (sic).
3. The court a quo... More