This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 7 July 2021 upholding the respondent’s point in limine to the effect that the appellant’s cause of action had prescribed thereby dismissing with costs the appellant’s claim. More
The applicant seeks relief by way of a declaratur. The relief sought is captured in the draft order as follows:
“IT IS HEREBY ORDERED THAT;-
i) An order declaring Deed of Transfer 6618/03 dated 9th September 2003 registered in the name of Unitime Investments (Private) Limited as the holding deed for Stand 825 Bannockburn of Stand 1 Bannockburn.
ii) An order cancelling Deed of transfer 3678/03 registered in the name of 5th and 6th Respondent.
iii) An order cancelling the Deed of Transfer 3677/03 that had been registered in the name of 4th Respondent.
iv) In terms of paragraph (i)... More
This is an opposed chamber application in terms of r 43 of the Supreme Court Rules 2018, for condonation and extension of time within which to note an appeal. More
MUSAKWA JA: This is an opposed chamber application for condonation for non-compliance with the Supreme Court Rules, 2018 and for extension of time in which to appeal made in terms of r 43. The intended appeal is against a judgment of the High Court handed down on 17 February 2021 upholding the respondent’s application for a compelling order. More
This is a bail application pending trial. The applicant is charged with the crime of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Criminal Code). It being alleged that on 18 August 2023 at 2200 hours the applicant in the company of accomplices who still at large, armed with one unidentified firearm, knobkerries, axes, a hammer and a machete attacked the complainant, disarmed him of his revolver gun loaded with three rounds. And forcibly took his identity card, NSSA card, CBZ bank debit card, Itel cellphone, and loaded stolen gold ore into... More
On the 25th April 2022 at Bindura, applicant qua Labour Officer issued a ruling. He ordered 1st respondent (employer) to reinstated 2nd respondent (employee) or pay damages in lieu of reinstatement. Apparently, the employer did not comply with the ruling. Then applicant applied to this Court for the confirmation of his ruling in terms of section 93(5a) of the Labour Act [Chapter 28:01], hereafter called the Act. The employer opposed the application whilst the employee naturally supported the application. More
Before us is an appeal and cross appeal. The brief background facts which are common cause are that the appellant has been leasing the respondent’s premises, namely shops 10 and 11 Kensington Centre in Harare (the premises), for the past twenty-five plus years. Throughout this relationship, the parties would conclude periodic leases and the last such agreement was executed on 12 September 2019. It would run from 1 September 2019 to 31 December 2020. In terms of clause 3, the rentals were payable in Zimbabwean dollars at the Stanbic Bank midrate for the day, charged per month. For the period... More
