On 12 October 2023 we delivered an ex tempore judgment dismissing the appellant’s appeal and upholding the respondent’s cross appeal with costs. The following are the full reasons informing that decision. We supply them at the instance of the appellant who has since made a written request for the same. More
The applicant is Edson Dylka E Neurice Limitada a peregrine company domiciled and incorporated in Mozambique. It is in the business of transporting goods within and across neighbouring countries including Zimbabwe. The respondent is Zimbabwe Revenue Authority statutory corporate body established under the Revenue Authority Act, [Chapter 23:11]. The respondent inter-alia is responsible for revenue collection on behalf of Government and is also the regulatory authority for the exportation and importation of goods at the country’s borders. The respondent also administers and enforces the Customs and Exercise Act, [Chapter 23:02] (“the Act”). More
This is an appeal against the whole judgment of the High Court handed down on 13 January 2021 under judgment No. HH 25-21. The court a quo dismissed the appellants’ claims in HC 7760/18 and HC 7843/18, which had been consolidated, upon finding that the appellants had no locus standi in judicio to seek the cancellation of two agreements of sale viz; one between Village Inn (Pvt) Ltd and Tatipano Properties (Pvt ) Ltd and the other between Folay Investments (Pvt)Ltd and Paradise Road (Pvt) Ltd. More
1. This is an appeal against the whole judgment of the Labour Court of Zimbabwe (the court a quo) sitting at Harare dated 27 July 2022. After hearing submissions from the appellant and counsel for the respondent, the court dismissed the appeal with costs indicating that reasons for the order would be given in due course. These are the reasons. More
The Applicant was employed by the Respondent as a Management Accountant. His employment was terminated in 2001 following a restructuring exercise. Dissatisfied he challenged the termination in this court. On 13 April, 2004 under reference, Edward Gutai Marimo Mudyavanhu vs. Cairns Foods Limited LC/H/35/2004 my sister, Honourable Makamure J found that Applicant was wrongfully dismissed from employment and directed payment in damages in compensation. In 2009 Applicant filed an application for quantification of damages. On 27th May 2009 under judgement reference LC/H/66/2009 Honourable Mhuri J, quantified the total damages payable in the amount of Zimbabwean Dollars $ 26 076 252.00.... More
This is an appeal against both conviction and sentence. The appellant was convicted after a full trial, of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 20 years imprisonment.
The appellant was found by the court a quo to have raped the complainant from 2011 to 2015 during the time that the complainant was living at the appellant’s residence. The complainant is a daughter of the late sister of the appellant’s wife. She regarded the appellant as her “father”. The appellant was aged 46 years old at the... More
