The applicant, Citizens for Coalition Change, a political party (“the party”) claims that it was in peaceful and undisturbed possession or occupation of its offices which are situated at Stand 41, Fort Street, Between 2nd and 3rd Avenue, in Bulawayo (“the property”). Its statement is that on or about 30 January, 2024 the respondent, one Nelson Chamisa (“Chamisa”) forcibly took control, occupation and possession of its property. He did so, it insists, through his agents, assignees, proxies and/or employees (“his alleged team”). These, it avers, proceeded to paint the property and its precast wall in blue and black colours. They,... More
The Appellant approached this court by way of appeal seeking to challenge the decision of the Magistrates Court sitting at Harare on 4 July 2023. The respondent in the court a quo made an application seeking to recover from the Appellant, the sum of US$2 360.00 together with interest at the prescribed rate with effect from 30 July 2022 up to the date of final payment. The application was referred to trial and the respondent was successful in his claim. More
We heard the above appeal on 19 September 2023 and granted it on the following terms:
1. The appeal succeeds with costs.
2. The order of the court a quo be and is hereby set aside and is substituted with the following order:
a. That the plaintiff’s claim for eviction is hereby upheld
b. That the defendant and all those claiming occupation through him are hereby ordered to give vacant possession to plaintiff, failing which they are to be evicted from Shop Number 16, Samora Machel Parkade, Harare, being plaintiff’s premises. More
Applicant applied to this Court for rescission of judgment which Respondent opposed.
At the onset of oral argument respondent raised 4(four) points in limine. The Court will deal
with the 2 points which are dispositive of the matter. More
Applicant applied to this Court for the review of disciplinary proceedings against her conducted by respondent. The application was made in terms of Section 89(1) d1 of the Labour Act Chapter 28:01 hereby called the Act. Respondents opposed the application. More
This is an application for condonation of the late filing of an application for leave to appeal to the Supreme Court.
Two issues arose at the commencement of the proceedings. The first issue was that Applicants’ legal practitioner was of the view that this was a composite application for condonation AND an application for leave to appeal both to be heard at the same time. After an exchange of pleasantries, it was resolved that the application for condonation was to be heard and a decision made which could then lead to an application for leave to appeal. More
This is an application in terms of s 4(1) of Administrative Justice Act [Chapter 10:28] which seeks to set aside the decision of the first respondent to repossess applicant’s stand and sell it to second and third respondents. The brief facts giving rise to this application are that in March 2007 applicant accepted an offer from first respondent for the purchase of stand number 7403 Manyame Park. A lease agreement was executed between these two parties. In 2022 after visiting first respondent’s office applicant learnt that the lease agreement had been cancelled and his stand repossessed from him in 2019.... More
