This is a trial cause which opened before me on 30 March 2023. The plaintiff claims delictual damages in the sum of US$8 173 188.00 against the defendants. The plaintiff’s case is that, for an extended period of time the defendants illegally extracted approximately 88.839 tonnes of saleable alluvial chrome from the plaintiff’s mining claims. The claims are numbers 122 to 127 located in Guruve North Dyke. As a result of the defendants’ mining activities, the plaintiff argues that it suffered loss amounting to $8 173 188.00. It is evident that what the plaintiff claims, is the amount it perceives... More
The applicants and the first and or second respondents are embroiled in an ownership dispute over land called the Remainder of Lot 12 of Tynwald, Harare held under deed of transfer No 4209/86. There have been and still remain various litigations between the parties concerning the aforesaid piece of land. More
This is an application for a declaratur in terms of s 14 of the High Court Act. The background facts are that the applicant was employed by the respondent, Mashonaland Tobacco Company (“MTC”) under a fixed term contract from 2006, as a messenger in the stores and procurement department. It is the applicant’s contention that in 2009 his salary was reduced without his consent and knowledge. He also states that in 2015 his contract was changed from a fixed term contract to a seasonal contract. It is from this that the applicant’s grievance stems. In essence, the applicant’s complaint is... More
The applicants seek an order against the first respondent, which, in their draft order, is couched in the following terms:
“1) It is declared that WINSTON MASOWANI is the duly appointed Bishop of MOROTASHI APOSTOLIC CHURCH in terms of the provision of Article 8.1 (i) (a) –(f) and taking over the leaders (sic) of the Church following the demise of BISHOP AARON KAWANZARUWA.
2) The purported appointment of KURAI CHIKONYORA as the new Bishop of MOROTASHI APOSTOLIC CHURCH be declared to be in violation of the provisions of Article 8.1. (i) (a) – (f) of the MOROTASHI APOSTOLIC CHURCH Constitution... More
This is an application for default judgment. Respondent/defendants failed to enter appearance to defend plaintiff`s suit. In considering the default application, I noted a number of issues on the papers and invited comment from applicant council. Counsel duly obliged with written and oral submissions. Hereunder are the reasons for my ruling.
[ 2] I must, at the outset, tender my apologies to applicant and counsel. This matter has taken unduly long to finalise. It was but a chamber application. It ought to have been earlier disposed of. Regrettably, the matter was improperly cued up with other business on diary. Appropriate... More
The plaintiff and the defendant are husband and wife who were married in terms of the then Marriage Act [Chapter 5:11] on 22 November 2005. Two children were born to their marriage and only one is still a minor, namely Selmah Kupakwashe Mushangidze born on 9 May 2012. The parties are agreed that their marriage has irretrievably broken down to the extent that there are no prospects of restoration of the marriage relationship to its normal state. They are agreed too that custody of the minor child should be retained by the respondent with the plaintiff exercising access rights the... More
This is an application for rescission of a default judgment made in terms of r 27 of the High Court Rules 2021. The background is that on 3 November 2021, the first respondent instituted eviction proceedings under case number HC 6085/21 to eject the applicant from a property known as No. 17 Ridgeway North, Colne valley Harare (“the property”). The application was opposed and the matter was eventually set down for hearing on 2 June 2022 before MANGOTA J. Despite being served with papers, the applicant did not appear on the date of hearing, and the learned judge granted a... More
