The applicant and the second respondent have a long history of litigation between themselves. The second respondent has in her favour a judgment against the applicant under Case No HH 675/21 wherein she was awarded damages for sexual harassment to the tune of USD 180 000. The amount remains unpaid. In the quest of getting what is due to her the second respondent instructed the first respondent the Sheriff of Zimbabwe to attach the applicant’s property. The property was duly attached being a half share in an immovable property called Lot 2 of Lot 41 of Hatfield measuring 4047 metres... More
This judgment is in respect of two appeals which were consolidated for the purposes of the hearing. The first matter, under CRB MB-CD 1981/22 is an appeal against the sentence imposed upon the appellant following conviction on two counts of unlawful entry in aggravating circumstances. In the first count the appellant was sentenced to 36 months imprisonment of which six months imprisonment was suspended for three years on condition of good behaviour, and a further six months imprisonment was suspended on condition of restitution. In the second count the appellant was sentenced to 36 months imprisonment of which six months... More
The appellants in the present matter noted their appeals separately. However, they were employed by the same employer and the facts of their cases are similar. On 6th June 2023 an application for consolidation of the matters was made and it was granted. Their matters have therefore been heard together. Each of the appellants was charged with ‘Any serious act, conduct or omission inconsistent with the fulfilment of the express or implied conditions of his/her contract.’ This is a violation of Section 10.4.14 of the respondent’s employment code. Disciplinary proceedings were conducted against each of them. They were separately convicted... More
The intriguing legal issue raised in this application is whether or not a deceased during their life time can donate inter vivos an immovable property registered in the name of a company and if so, the legal consequences arising therefrom.
[2] The facts of this matter are presented very simply by the applicant. She is the daughter of the later Matthew Chimbgandah (the deceased) who passed away on the 14th of March 2019. His estate under DR. 805/19 is being administered by the 1st respondent in his capacity as the executor. More
After a selective tender process, applicant (“FBC”) awarded a US$24,867,340,0228 contract for the construction of its head office in Borrowdale, Harare, to first respondent (“Zimbabwe Nantong”). A principal term of the contract was that payment of the United States Dollar (USD) contract price would be made in the local currency- “ZWL”. The contract documentation carried two sets of exchange rate formulas applicable to the USD-ZWL conversion concerned. These formulas were expressed as follows;-(i) “The Bills of Quantities will be priced in USD and payments will be made in ZWL equivalent” and (ii) “The payment to the contractor will be made... More
On 22 November 2022 plaintiff issued out summons claiming the following,
“ An order declaring the marriage Certificate No,113/1992 between the late Flaviano Vitalis Mahangate and the 1st Defendant solemnized on 22nd of July 1992 null and void as it was solemnized through fraud in that the late Flaviano Vitalis Mahangate and 1st Defendant misrepresented to the 2nd Defendant to the effect that the late Flaviano Vitalis Mahangate was 33 years old when in fact he was 37 years on the date of marriage and that the late Flaviano Vitalis Mahangate was a bachelor when in fact the late Flaviano... More
This is an appeal against the decision of a Regional Magistrate sitting at Chinhoyi Magistrates Court. The appellant was convicted after a protracted trial on a charge of abuse of duty as a public officer in contravention of s174 (1) of the Criminal Law Code. He was sentenced to 36 months imprisonment of which 12 months imprisonment was conditionally suspended for 5 years. More
