The appellant approached this court challenging the whole judgment of the Harare Magistrates Court based on four grounds of appeal which are as follows:
“1. The court a quo misdirected itself at law when it ruled that the court a quo has jurisdiction to hear the respondent’s claim in the main matter.
2. The court a quo also erred in that it failed to find as a fact that the appellant’s explanation for the default when he failed to enter an appearance to defend is reasonable and that the bona fides of his defence on the merits of the case... More
The appellant was employed by the Respondent as a diamond cleaner, the Respondent being a diamond miner. The Respondent charged the Appellant with the misconduct of wilful disobedience to a lawful order given by the employer. The order was an order to capture diamond stocks into a system called SAP. The appellant had assisted in the development of the system about a year earlier but was not a user of it. When asked to do the task he responded to say that he required a refresher course. His superior responded to say that he should put that request in writing.... More
The Bulawayo City Council owns land in which there is a farm going by name Look Kraal Farm. The applicant’s parents have been renting that farm for several years. It happens that the farm is now more known for gold than the farming of any kind. The 1st respondent is a mining syndicate needless to say attracted to and interested in gold. The 5th respondent owns a gold mine near the Look Kraal Farm. The gold mine in question is called Wolley Dog Mine. These are the main players in this dispute. The parties have been in and out of... More
The parties are embroiled in a dispute involving a botched deal for the sale of motor vehicles. The facts in respect of both appeals are the same. Sometime in January 2017, Mutare Toyota entered into an agreement of sale with Sakunda in terms of which it was to deliver, on or before 28 February 2017, five Toyota Landcruiser LC 200 VX and three Toyota Prado motor vehicles at a cumulative price of about S$1,274,000.00. The parties agreed that Sakunda would pay the full purchase price upon an invoice being raised by Mutare Toyota. In pursuance of the agreement, Sakunda duly... More
The appellant was employed by the Respondent prior to him being arraigned before the Disciplinary Committee on one charge of misconduct. The Appellant was found guilty and dismissed from employment. More
The applicant was the acting Chamber Secretary of the City of Harare. He was charged in this court with Criminal Abuse of Duty as a Public Officer, a crime defined in s 174(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was jointly charged with three others namely: - Hebert Gomba (first accused), Stanley Ndemera (second accused) Hosiah Abraham Chisango (third accused). He was the fourth accused person. The allegations against the applicant and his co accused were that they acted in concert and with common purpose to unlawfully, intentionally and corruptly sell a certain immovable property... More
Applicant sought relief through an urgent chamber application for the release into her control of four motor vehicles namely a Mercedes Benz E 320 AF1 5420 Mercedes Benz E 250 AFS 1338 Mercedes Benz C 220 D AFU 0067 and a Toyota Hulux Club Cab GD 6 AFN 7886.
The said motor vehicles were seized through a warrant of search and seizure issued in terms of sections 49 (1) (b) and 50 (1) (a) of the Criminal Procedure and Evidence Act [Chapter 9:07]. The vehicles are believed on reasonable grounds to afford evidence of the commission or suspected commission of... More
