The applicant is a mining syndicate duly registered in accordance with the laws of Zimbabwe. The respondent approached the court a quo under case number HC 4346/23, seeking an interdict against the applicant. She claimed that the applicant’s mine fell within the borders of her farm and complained that the applicant had started erecting a fence on land under cultivation. More
MUSITHU J: This is a composite judgment which deals with two matters which were consolidated and argued at the same time at the request of the parties’ counsel. In HC 2524/22, which is Case 1 herein, the applicant applies for condonation for non-compliance with the rules of court and an extension of time within which to file a court application for rescission of a default judgment. The applicant is also seeking the rescission of the default judgment which was granted by this court in HC 2971/17. In HC 6784/19, which is Case 2 herein, the applicant is seeking the confirmation... More
The applicant is a banking institution, duly registered in terms of the laws of Zimbabwe and the respondent is a company duly registered as such in terms of the laws of Zimbabwe. Sometime in June 2022 the applicant issued a court application for a rei vindicatio against the respondent under case number HC 4274/22 and the application was opposed by the respondent. The applicant avers that the respondent failed to file its heads of argument timeously and was thus barred. Sometime in September 2022 the court per CHITAPI J granted a default judgement in favour of the applicant. Aggrieved by... More
The appellant was employed by the respondent as a general manager. She faced two charges as per pages 182 to 184 of the record. The first charge was gross incompetency or inefficiency in the performance of her work. The second charge was that she had committed any act or conduct or omission inconsistent with the fulfillment of the express or implied conditions of her contract of employment.
She was found guilty of all 3 counts of the first charge that is gross incompetency or inefficiency in the performance of her duty. Further she was found guilty of counts four and... More
The first applicant is a director and shareholder in the second applicant, a registered company operating a trucking business. The first applicant is married to the respondent. However, on 2 November 2023, the respondent filed summons for divorce and other ancillary relief before this court in case number HCH 7124/23 and the said matter is still pending. The first applicant avers that she holds 33% shareholding in the second applicant and that the other shares were held by one Newman Ishe Chinofunga who has since relinquished his shareholding and directorship duties in the company. These averments were not disputed by... More
On the 31st May 2023 at Harare F Mutambirwa in her capacity as a Designated Agent made a determination. She ordered Respondent (employer) to pay Appellant, (employee) an amount of US$2, 563, 56 in respect of notice pay, service pay and leave pay. Appellant then appealed against the determination to this Court in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
This was a chamber application for condonation and upliftment of bar. The applicant, CFI Holdings Limited [“CFI Holdings”] is one of five defendants sued by the first respondent, Stalap Investments [Private] Limited [“Stalap Investments”], in the main action under the case reference number HC 1855-20 [“the main action”]. More
