On 14 April 2021, after reading documents filed of record and hearing Counsel for the applicant and for the respondents, I pronounced the following order:
“IT IS ORDERED THAT:
1. The first respondent’s actions, on 21 September 2020, in impounding the applicant’s Subaru motor vehicle, without warrant of court order, were unlawful, null and void
2. Part 1, relating to items 1 to 4 being fees that are expressed in United States Dollars, of the Vehicle Registration and Licensing (Amendment Regulations 2020) (No 21), published as Statutory Instrument 166 of 2020 be and is hereby declared to be ultra vires... More
The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] in 2006. Whereas the plaintiff said that this followed an unregistered customary law union entered in 2004, the defendant insisted that this was in 1999. Three children were born to this marriage namely Takudzwa L. Shereni (born 8 August 1999), Tinotenda Shereni (born 22 December 2004) and Tawananyasha B. Shereni (born 28 November 2012). More
This appeal centres on a land ownership dispute in Manjonjo Village, Murehwa. In hearing the matter de novo as per s 24(2) of the Customary law and Local Courts Act [Chapter 7:05] the Magistrate determined that the focus should be to ascertain, on a balance of probabilities, who is the owner of the land in the sense of who was actually allocated the land in the initial instance upon the facts submitted. This was in contrast to the Chief’s approach in the community court where the matter had been decided as if the dispute was one of boundaries. More
The applicant was dismissed from the respondent’s employ on 8th December 2020. He appealed internally. His appeal failed and he was advised of this on 18th December 2020.On 30th December 2020 he filed a notice of appeal with this Court. He however did not serve the respondent with such notice. This means that the respondent was not aware of the intended appeal . There is no proof of service on record. The said appeal was deemed abandoned for failure to file a certificate of service. It is not known as to when the abandonment occurred. It is against this background... More
On November 2021 Wisdom Chinongwa, applicant’s driver was arrested near Mary Mount Teachers College conveying smuggled goods. He and the owner of the goods were prosecuted, convicted and sentenced. The goods and the motor vehicle were seized. Wisdom Chinongwa and applicant made representations to Zimra officials for the release of the motor vehicle but did not succeed. On 23 February 2022 the Commissioner General advised applicant of the forfeiture of the Toyota Granvia to the State. Aggrieved by that letter of forfeiture, applicant decided to lodge the application to this court. More
This was an appeal against eviction which we dismissed on 14 of March 2023. Written reasons have been sought and these are they. The background was as follows: Summons were issued in the court below by the respondent (as plaintiff) seeking eviction of the appellant (as defendant) from Stand 3709 Gillingham Estate, Dzivarasekwa, also known as Nehanda Housing Cooperative. More
Applicants applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01` as read with Rule 43 of the Labour Court Rules S.I. 150/17. Respondent opposed the application. More
