The applicant seeks leave to execute a judgment granted by this court on 9 April 2021 under HC 912/21 pending the hearing and determination of an appeal lodged by the respondent in the Supreme Court under SC 80/21. Essentially, the applicant was granted spoliation order which restored it to possession of No 750 Gaydon Road, Greystone Park Harare (“the property”), and also ordered the respondent and all those claiming through it to vacate the same property. The respondent’s appeal suspended the judgment under HC 912/21. More
Applicant was married to the second respondent from 1986 to 2012.A divorce order was granted in 2012 which resulted in the applicant being granted a certain immovable property StandNo.13687 Harare Township. The applicant approached this court in a separate application seeking an application for declarator that was granted in her favor by my brother Judge MSITHU J. The first respondent in this matter then noted an appeal in the Supreme Court against MSITHU J’s judgement.The appeal was successful thereby setting aside MSITHU J’s judgement in HC3715/19.
The first respondent has now raised special plea of res judicata in the present... More
The people of this country repose their trust in persons whom they elect into Parliament and, in particular, those whom the President of Zimbabwe appoints to the office(s) of Vice-President, Minister or Deputy-Minister. It is for such persons who are collectively known as public officers that the people enacted section 106(3) of the Constitution of Zimbabwe Amendment (NO. 20) Act, 2013 (“the constitution”) during the constitution-making process which culminated in a referendum which Zimbabwe held in 2013. In enacting section 106(3) as they did, the people intended to have these public office bearers work in a transparent manner so that... More
This is an urgent chamber application in which the applicant seeks an order interdicting the seventh respondent from disbursing the dividend due to a company known as Dahaw Trading (Private) Limited for the 2021/2022 financial year directly to the first respondent until the shareholding dispute in respect Dahaw Trading (Private) Limited is finalized. On the return date the applicant seeks the nullification of the appointment of the first to fourth respondents as directors of Dahaw Trading (Private) Limited and the cancellation of the forms in terms of which these respondents were appointed as directors. Applicant also seeks an order that... More
On 26 June 2022 we dismissed the appellants appeal against the refusal by the lower court of rescission for default judgment on the basis that none of the material requirements for rescission had been met by the appellants. The delay was inordinate, the explanation for the delay was unsatisfactory and the prospects of succeeds on the merits were in our view nil.
The background facts against which rescission had been refused by the lower court were these. The appellants and the respondent went onto a joint venture to operate a college. Irreconcilable differences arose rendering it impossible to continue operating... More
Appellant’s grounds of appeal as captured in the notice of appeal are that:-
- the National Employment Council Appeals Committee (NAC) grossly erred and misdirected herself on the facts and the law, such gross misdirection amounting to an error in terms of the law by setting aside the dismissal of the Respondent on alleged grounds of procedural defects when it was clear that the Respondent had a case to answer. More
The applicant is a member of the legal fraternity and, therefore, an officer of the court. He alleges that he has an interest in human rights and the rule of law. He moves me to declare Statutory Instrument 127 of 2021 [“the instrument”] which the first respondent who is the President of Zimbabwe made on 26 May 2021 and published in the Government Gazette Extraordinary unconstitutional and to have the same set aside. He filed his application under
s 85(1)(d) of the Constitution of Zimbabwe. More
