This application has been brought in terms of s 14 of the High Court Act [Chapter 07:06], and seeks certain declaraturs and consequential relief. From the draft order, the declaratory orders that the applicant has asked for can be summarized as follows:
1. That the first respondent did not validly serve the applicant with the application under HC 3647/17 and, as a result, the default judgment entered against the applicant on 22 November 2017, per MUREMBA J, was sought and granted in error. More
This is an appeal mainly against that part of the judgment handed down by the Magistrates Court sitting at Masvingo ordering the eviction of the appellants from houses belonging to the respondent. The appellants took occupation of the said houses (hereinafter referred to as “the company houses”) on account of their employment with the SMM Holdings.
In the court below the respondent instituted two separate but related claims against the appellants. In the first claim it sought the eviction of the appellants from the company houses on the basis of the termination of their employment and the concomitant loss of... More
On 20 June 2012, this court granted an order placing the respondent under provisional liquidation following an application by the applicant, one of the respondent’s creditors, which is owed a sum of US$935 796-33 in terms of yet another order of this court issued by consent on 12 January 2012. More
On 25 November 2019 the Supreme Court issued the following order:
“IT IS ORDERED BY CONSENT THAT:
1. The appeal be and is hereby allowed with no order as to costs.
2. The judgment of the Labour Court in LCH/H/APP/336/2014 be and is hereby set aside and substituted with the following:
1. The application for quantification of damages partially succeeds and accordingly the respondent shall pay to the applicant the following within thirty (30) days of this court’s order.
a. Damages for unfair dismissal at the salary rate of ZW$1 157 037.00 (1400) from 1 June 2003 to 31 May... More
On 3 November 2020plaintiff issued summons against defendant claiming US$100 000 or its Zimbabwe dollar equivalent at the official Reserve Bank rate, interest on the claimed sum and costs of suit.
The claim was for compensatory damages for loss of business and profits due to the delayed delivery of 600bags of Supaset cement by defendant which plaintiff had duly paid for.
At the trial, plaintiff led evidence from himself only and closed his case whereupon defendant then applied for absolution from the instance.
Defendant’s case was that plaintiff dismally failed to make a case against it which deserves a reply. More
This is an application for spoliation. The facts being that on the 18 December 2020 the applicant and some family members drove from Banket to Dzivarasekwa where there was a wedding in a Mazda BT50 motor vehicle Chassis number MM6UROYIL0015466, Engine number P5AT2827949 Registration number AFK7658. On 19 December 2021 as applicant was driving the said vehicle, and at Nyabira tollgate, along Lomagundi Road, about 35km from the Harare city centre, applicant was advised by the attendant that second respondent had provided the Zimbabwe National Road Authority (ZINARA) with the number of vehicles that would not be allowed to pass... More
The applicant and the respondent are presently involved in proceedings before this court under HC 9837/19 in which the applicant in casu is “the plaintiff”, while the respondent is “the defendant”. In order to avoid confusion, and consistent with the citation of the parties in the main proceedings, I will refer to the parties as they are cited in those proceedings. Additionally, for completeness of the record, I mention that they were married in terms of an unregistered customary law union, which was terminated by the plaintiff on 24 November 2019 when he gave the defendant a divorce token called... More
