The plaintiff issued summons seeking transfer of Stand 3976, 59th Street, New Canaan, Highfield, Harare. The house is the subject matter of a long standing dispute between two families. It is common cause that the house is registered in the name of the second defendant Grace Mandaza and her late husband Joel Mandaza. However, it is the circumstances under which it came to be so registered that have caused the dispute to be placed before this court. More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. Applicant intends to appeal to the Supreme Court against part of the Labour Court decision which quantified what was due to the estate of the late Dikinya who was unlawfully dismissed by ZIMNAT on allegations of misconduct. Applicant is however out of time by 14 days to make the leave application hence the instant condonation application. The condonation application is opposed by ZIMNAT. More
In the real world, to err is human. Even those tasked to uphold justice, as humans are not infallible. Rule 29 of the High Court rules, S.I. 202 of 2021, was designed to cater for such scenarios. It gives all the stakeholders in a civil matter an opportunity to amend mistakes in deserving situations in the interest of justice. Instances upon which this rule can be invoked are well spelt out under its provisions. In that regard, this is an opposed application brought in terms of this rule, rule 29 (1)(a) in particular, for the recession of an order of... More
The facts relevant for the determination of this matter are that the applicant, after being aggrieved by the decision of the High Court (the courta quo), duly filed a notice of appeal to this Court on 19 October 2022 under case number SC 529/22. In its notice of appeal, the applicant tendered security for the respondents’ costs of appeal ‘in an amount agreed between the parties failing such agreement in an amount determined by the registrar’.The tender was made as a requirement under r55 (2) of theRules. Pursuant to the tender and on 26 October 2022, the applicant’s legal practitioner... More
This is an application wherein the applicant seeks an order reinstating the appeal under cover of case number HCA 49/20 which was deemed to have been abandoned because of the applicant’s failure to serve the Clerk of Court with a copy of the notice of appeal issued by the Registrar of the High Court. More
HC 5357/ 22 is intertwined with the present application. The parties are the same and the substance of the two cases rests on the same subject-matter. In casu, Drew and Fraser International (Pvt) Ltd and Euphrasia Mupedzisi (“the applicant) are a legal entity and a natural person respectively. The applicant applies for leave to appeal the decision which I made on 15 February 2023 under HC 5357/22 which is the decision of one Nicodimus Kuipa N.O. and the Estates Agents Council of Zimbabwe, the respondent a quo, as well as in this application which the applicant filed under HC 1398/23.... More
The Applicant is a former employee of the Respondent having been employed as a Consular Clerk. He was dismissed from employment following a formal disciplinary hearing. The Applicant was aggrieved with the determination of the Disciplinary Committee. He noted an appeal to this court under case number LC/H/341/19 which matter is currently pending. The minutes of the disciplinary hearing convened by the Respondent that led to the Applicant dismissal however do not form part of the record under reference LC/H/134/19. The Respondent through its papers submits that despite a diligent search it has been unable to locate the minutes and... More
