This is a judgment on a preliminary point raised on behalf of both respondents. The background of the matter is that the applicant was employed by an entity known as Medical Investments Limited as a Clerk. This was in terms of a Fixed Term Contract which was signed on 19 December 2007. He was charged with
fraud. Following disciplinary proceedings he was dismissed from employment. His internal appeal was unsuccessful. He was aggrieved by that outcome. He has filed an application for review. It is against this application that a preliminary issue been raised. More
The applicant filed an application in which he sought a declaratur to the effect that the Master of the High Court’s appointment of George Lentaigne Ingran Lock as executor in a deceased estate of Farida Hattena DR 722/17 be declared null and void. George Lock is the first respondent in this matter whilst the Master is the third respondent. Also sought was that the removal of one Freddy Chambari as curator bonis in that estate be declared null and void. However, Freddy Chimbari is himself not a party to the application. The agreement of sale of the deceased Farida Hatttena... More
This is an application brought in terms of article 34 (2) (b) (ii) of the Arbitration Act (Chapter 7:15) for an order setting aside an arbitration award on the basis that it is contrary to public policy. Applicant purchased a piece of rural land for purposes of extending its own boundaries and took title over the land by virtue of Deed of Transfer 1989/08 dated 25-09-2008. On that land, applicant produced a proposed subdivision of the whole land which it meant to construct multiple of smaller land parcels. A general map for the proposed subdivision was produced depicting and capturing... More
This is an application for review of the decision of the first respondent herein (the Master) in accepting the will of the late Haggai Morel Mubariki who passed away on 8 January 2021. The review application is brought by his widow, Silence Mubariki, with whom the deceased had a civil marriage. More
The plaintiff and the defendant are husband and wife who were married on 31 July 2015, in Harare, in terms of the then Marriage Act [Chapter 5:11]. The marriage was blessed with two children being Elianna Tadiwa Ruwodo (born on 8 February 2017) and Alayna Atipa Ruwodo (born on 5 March 2021). The marriage relationship has fallen on unhappy times leading to the institution of these divorce proceedings. More
A convicted killer, who, by all accounts, should have received a stiffer penalty if not the ultimate one, but for the generosity of the trial court which suddenly became unbelievably lenient despite the prosecution’s pleas for a sentence of life imprisonment, appealed against the sentence of seventeen years imprisonment. The sentence was imposed on 7 July 2017.
If ever there was a trifling with an appellate court by a recalcitrant, unrepentant and indeed ungrateful litigant, this appeal deserves a special prize for it. After hearing arguments from the parties, with the appellant self-representing, the court was exceedingly unanimous in its... More
According to the applicant, sometime in 2009, he joined the Chimoyo Housing Cooperative Society in order to secure a residential property. Prior to the applicant joining the Chimoyo Housing Co-operative, the applicant averred that in 2008 Chimoyo Housing Cooperative was given a block of stands ranging from Stand Number 6380-6391 Retreat Waterfalls by the then Harare Metropolitan province Resident Minister. The applicant further stated that Chimoyo Housing Co-operative then distributed these block of stands to its various paid up members. The applicant claimed to have been allocated Stand No. 6385 Retreat Farm Waterfalls, (hereinafter called “the property”) in 2014, by... More
