The new High Court Rules being Statutory Instrument 202 of 2021 have ushered in challenges in as much as they have brought clarity in certain areas. The need to revisit and streamline the rules for the attainment of clarity, cohesion and practicality much needed to regulate and maintain a coherent justice delivery system calls for urgent attention. Rules should not have gaps nor leave the litigants or the court in a quandary as to what next to do in pursuing a certain procedure. Rule 42 is one such provision that requires attention as this case has shown. More
Appellant worked for Respondent as an Acting Plant Operator. He was dismissed from employment for misconduct. He appealed to the employer’s appeals authority which turned down his appeal. He then appealed to this Court in terms of section 92D of the Labour Act Chapter 28:01. His grounds of appeal were initially three-fold. More
On 5 August 2020 Plaintiff issued summons against Defendant claiming.
1. Payment of the sum of US$50 000-00 (fifty thousand United States dollars) being money paid to the Defendant to design, author and deliver to specification, a customized on line store program which defendant failed to deliver. More
The parties to this suit are duly registered private companies. At the relevant time, the defendant, Engen Petroleum Zimbabwe (Private) Limited, was one of about six or so “Engen” companies registered or domiciled here and/or abroad. The others were Engen Oil Zimbabwe (Private) Limited; Engen Holdings Zimbabwe (Private) Limited; Engen Petroleum South Africa and Engen Off Shore Holdings (Mauritius) Limited. The reason for this detail shall soon emerge. More
As parents tussle over custody of children they seem to be oblivious that the best interests of the children reign supreme over the parents’ preferences. This court as the upper guardian of children will ensure that the duty placed upon it by the Constitution of Zimbabwe, and indeed the dictates of regional conventions such as the African Charter on the Rights and Welfare of the Child and international instruments such as the United Nations Convention on the Rights of the Child, being to safeguard the best interests of the children shall be undertaken without hesitation. Children are not chattels to... More
The background to this case is that the appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegation was that the appellant induced one Lawrence Ronald Bamba, who was selling his residential Stand namely Number 7436 Manyame Park, Chitungwiza measuring 2 000m2 for US$20 000 to enter into an agreement in terms of which the complainant accepted the appellant’s Ford Courier Registration Number ABK 4297 in lieu of the full purchase price without disclosing to the complainant, the fact the Ford Courier vehicle had been fraudulently registered in... More
The plaintiff is a legal entity duly incorporated in terms of the laws of Zimbabwe. It specialises in the supply of high-tech traffic safety devices, research and continuous professional development. The first defendant is cited in his official capacity as the authority under whose command the entire police service is reposed. The second defendant is cited in his official capacity as the Minister responsible for overseeing the police service in terms of the Constitution of Zimbabwe. The plaintiff instituted proceedings against the defendants seeking relief of specific performance or alternatively damages for breach of contract. The claim is pursuant to... More
