On 25th July 2021,one Nkululeko Sibanda smuggled large quantities of an assortment of goods from Botswana into Zimbabwe. The smuggled goods ranged from television sets, radio sets, shoes and solar batteries. Nkululeko was, at the relevant time, driving a Mercedes Benz registration number AFB 6413 belonging to the applicant. Applicant’s motor vehicle was intercepted by police officers from Plumtree, upon entering the country through an undesignated entry point, being a boundary fence that had been cut open for that purpose. The truck was found to have ferried uncustomed goods through the undesignated entry point. The goods and truck were seized... More
Renowned writer Leslie Flynn authored a text aptly titled Great Church Fights. In it he makes the analogy of two porcupines living in freezing conditions. They huddle together to keep warm. Unfortunately every time they got close to each other their quills pricked and forced them to move apart. The two needed each other but could not stop needling. That analogy epitomizes the dispute before me. As will be shown later in the judgment, disagreements between and amongst Christians typify the condescending attitude of believers when their personalities grate one another. The papers before me show that between October 2021... More
The Plaintiff issued a summons out of this Court against the Defendants claiming against them jointly and severally one paying, the other to be absolved, US$130 000.00 being an amount payable by the Defendants to the Plaintiff in terms of a settlement agreement entered into by and between the Plaintiff and the Defendants on 8 October 2020, interest at the prescribed rate from 21 October 2020 to the date of full payment and costs of suit on a legal practitioner and client scale. More
The applicant, a duly incorporated company in terms of the laws of Zimbabwe runs a conglomerate of hotels under the umbrella name of African Sun Limited. Being in the hospitality industry, the applicant was one of thecasualities of the world wide unprecedented catastrophic socio-economic ripple effects of the Covid 19 pandemic. The labour market was not spared either and was oneof the hardest hit. Within this background, the applicant made a decision to retrench most of its workforce across the board, amongst them the twenty nine respondents herein.During the tenure of their employment contracts the respondents had the right to... More
This is an Urgent Chamber application for an anti-dissipation order filed by the Applicant on the 13th of October 2022 seeking the following relief.
“TERMS OF FINAL ORDER SOUGHT.
That you show cause to the Honourable Court why a final order should not be made in the following terms-
1. The 1st Respondent be and is hereby barred from transferring the sum of (USD360,000.00 (United States Dollars Three Hundred and Sixty Thousand) pursuant to the default order granted in case number HCHC 196/22 pending the finalization of application for rescission of judgment filed under case number HCHC333/22.
2. The 3rd... More
The applicant approached this court seeking the following provisional order:
“TERMS OF FINAL ORDER SOUGHT
1. That order restoring the applicant’s undisturbed and peaceful occupation of stand number 193, Fleetwood, Bindura be and is hereby confirmed.
The 1st respondent to pay costs of suit. More
I heard this application on 7 March 2022. I delivered an ex tempore judgment in which I dismissed it with costs. On 4 April, 2022 the second respondent wrote requesting written reasons for my decision. My reasons are these:
The applicant, one Agson Mafuta Chioza (“Chioza”) sued the Minister of Lands, Agriculture, Water & Rural Resettlement (“the Minister”) and one Josiah Chikowore (“Chikowore”) who are respectively the first and second respondents in this application. He moved me to, among other relief, direct that:
i) the agreement of a farm for a farm exchange between the Minister and him is binding;... More
