In this case the applicant was convicted of negligent driving as defined is s 52(2) of the Road Traffic Act [Chapter 13:11] and sentenced, on 2 April 2023, to pay a fine. In addition, he was prohibited from driving classes 2, 3 and 5 motor vehicles for an unspecified period. His licence was cancelled and he was ordered to surrender the licence to the clerk of court. This is an application for the suspension of that part of the punishment which relates to the prohibition from driving, and cancellation of the applicant’s driver’s licence. At the hearing I was advised... More
This is an application for condonation for noncompliance with the Labour Court Rules, 2017. The applicant seeks to file his notice of appeal out of time. He is out of time by 391 days. The applicant stated that he received the decision he is seeking to appeal against in December 2021.
In January 2022 he noted his appeal against his employer’s decision to find him guilty and to dismiss him. The appeal was defective. He then filed an application to reinstate the appeal but this too was fatally defective. It was struck of the roll sometime in September 2022. On... More
The appellant, Paul Mgodi, who was a respondent in an application for an interdict in the court below, was interdicted from developing or causing the development of Stand 1484 Chirundu. The applicant, was Duweni Kutepa and is the first respondent herein. His averments in seeking that interdict were that sometime in 2015 he had been offered a commercial stand, being Stand 1484 Chrirundu by Chirundu Local Board, the second respondent herein. This had been through a letter dated 4 December 2014 which he annexed to his application. He averred that he had since paid the purchase price inclusive of all... More
This is a claim for a decree of divorce and ancillary relief. The parties were married in terms of the Marriage Act then Chapter 5:11 on the 1st of August 2015 and the marriage still subsists. Prior to their marriage they entered in a pre-nuptial contract to govern their marital regime. They have 2 minor children born of the marriage namely; Keegan Bruce Duncan King a boy born on 4June 2016 and Phillipa Ann King a girl born on 22 February 2018. More
On 8 March, 2022 the fourth respondent, a legal entity, was granted a permit to use Stands 961 and 962 (“the stands”), Pomona Township of Stand 875 Pomona Township, Pomona, Borrowdale, Harare for a funeral parlor. The grant of the permit to the fourth respondent constitutes the applicant’s cause of action. It alleges that it owns Stand numbers 955, 959, 966, 967 and 968 in the same mentioned area and that a permit granting a change of use of land will adversely affect its operations. More
The applicants are importunate. They want back their money – $142 000 – all in the currency of the United States dollars [USD]. If the first respondent, their banker, will not pay, then the second and third respondents, collectively the monetary authorities, should. The applicants allege these monetary authorities are partly the reason the first respondent will not pay. The applicants want a whole range of some financial legislation, and certain monetary policies or directives, set aside on the grounds of constitutional invalidity. They first came to this court in 2019. The subject matter was the same. This court ruled... More
At the onset of oral argument in this Court, the respondents raised a point in limine which appellant opposed. The point was that the appeal to this Court was filed out of time and hence the matter ought to be struck off the roll. A brief background of the matter is apposite.
1. Appellant worked for Respondent as a security guard at S. Mugabe Hospital in Harare.
2. On the 27th September 2021 he was charged with misconduct.
3. A disciplinary hearing was held on the 1st October 2021.
4. By letter dated 4th October 2021 appellant was found guilty... More
