The plaintiff is a common law universitas involved in charitable activities. It is a former employer of the defendant. The employment relationship endured for some time, until it was severed by the resignation of the defendant from her position as director. The severance of the relationship was not as pleasant as its espousal. More
This is an application for summary judgment, in which the applicant seeks the following relief, as per its summons and declaration:
“a. An order confirming the termination of the lease agreement between the plaintiff and the defendant.
b. Eviction of the defendant and all those claiming occupation through it from Stand 1435 A Salisbury Township, Harare, owned by the plaintiffas successor in title to the Kay Trust, commonly known as 12 Park Street, Harare.
c. Holding over damages at the rate of the equivalent of USD 133.33(One Hundred and Thirty – three United States Dollars and Thirty – Three cents... More
Regrettably, due to circumstances beyond anyone’s control, this application has a checkered history. The applicants initially filed their application sometime in 2017, presumably in anticipation to be eligible to vote in the country’s harmonized elections in 2018. It was subsequently set down and argued before Honourable PHIRI J on 18 July 2018. He reserved his judgment. Unfortunately his LORDSHIP became unwell and passed on before he could deliver the judgment. Needless to say, the proceedings became abortive resulting in them commencing afresh before me. More
This is an application for a mandament van spolie, alternatively, for an order of contempt of court. The first and third respondents filed a counter-application in addition to their opposing papers. The matter was instituted as an urgent chamber application in July 2022. At the hearing of the urgent chamber application on 19 July 2022, an order by consent was granted in terms of which this application was ordered to be consolidated and set down for argument together with Case No. HC 3750/20 which is an application for review in terms of which the applicants herein were seeking the setting... More
1. This is an application for leave to appeal to the Supreme Court.
2. The applicant was convicted of attempted murder as defined in s 47 as read with s 189(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. The magistrates court sitting at Karoi sentenced the applicant to 4 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour.
4. He appealed against both conviction and sentence.
5. We heard the appeal on 5 September 2022 whereupon, at the conclusion of argument, we delivered an ex tempore... More
Harare the capital city of Zimbabwe has experienced an increase in the population of vehicles. More poignantly, there is a large volume of cars that goes into the central business district almost on a daily basis including weekends. This increase necessitated the introduction of a parking management system. What is astounding however is that the defendant after flighting an expression of interest for the provision of such, almost casually engaged the plaintiff and after some discussions, they entered into a verbal agreement. Although various reasons were given by both parties on why the contract was not reduced to writing, the... More
This is an urgent chamber application in terms of which applicant seeks the following relief in the provisional order sought:
A. Interim Relief Granted:
(1) 1st and 2nd respondents be and are hereby ordered to act on 2nd respondent’s directive of the 28th January 2022 and also to take all measures necessary to stop all illegal mining activities on appellant’s mining claim being SC 6856 Mvuma.
(2) 3rd respondent be and is hereby directed to show 1st and 2nd respondents the boundaries of applicant’s mining claim.
B. Terms of Final Order sought:
(1) The 1st and 2nd respondents be and... More
