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
This is an appeal against the whole judgment of the High Court of Zimbabwe (“the court a quo”) sitting at Harare dated 10 November 2021. In the court a quo, the first and second respondents issued summons against the appellant for cancellation of its title deed over a certain piece of land situate in the district of Salisbury called Stand 2465 Glen Lorne Township (hereinafter called ‘the property”). The appellant counter claimed for their eviction from the property and holding over damages. Judgment was entered for the first and second respondents as against the appellant. It is that judgment that... 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
On 12 July 2024, after hearing the parties and considering the papers filed of record, the Court dismissed the appeal with costs and indicated that full reasons for this decision would be availed in due course. 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
