The applicants are former employees of the respondent. Their employment contracts were terminated and they challenged the termination. The matter was taken before a designated agent who confirmed termination for all but two of the employees. The decision was appealed to the Labour Court. The appeal was upheld. The respondent did not reinstate the applicants. They approached the designated agent seeking that the respondent be ordered to reinstate the applicants. The respondent raised the preliminary issue of res judicata, arguing that the designated agent had already dealt with the matter. The designated agent held that the matter of reinstatement was... More
The late Pepukai Simpisio Magara who died on 28 July 2021 was a widower. He was survived by six children who include the two plaintiffs, the first respondent and three others. Following his death, a will was produced which was allegedly executed by him on 28 May 2017. In that will he appointed the first defendant as the executor of his estate and also bequeathed to him his immovable property being house number 2915 old Highfield Harare. The second defendant issued out Letters of Administration in favour of the first respondent. The plaintiffs object to the validity of the will... More
This ruling is made pursuant to a preliminary point raised in the first defendant’s plea. The ruling deals with the narrow issue of whether this court has jurisdiction to hear this matter. At the commencement of the trial, counsel agreed to file heads of argument on the point and leave the court to deal with the matter on the papers. More
This is an application for rescission of a default judgment and the background of the matter is as follows. On the 22nd of February 2022, the respondent instituted summons against the applicant, claiming damages for defamation of character. The summons was served on the applicant on the 23rd of February 2022. The applicant entered appearance to defend on the 25th of February 2022. The respondent filed a notice of intention to bar the applicant on the 1st of April 2022. In response the applicant proceeded to file a Special Plea and an Exception on the 5th of April 2022 instead... More
The brief background to this matter is that the first respondent, under case number HCH 1120/22 had secured judgment in his favour in default of the applicant in the amount of US$100 000.00 being damages for personal injuria, injury to his dignity, and damage to his reputation. Interest at the prescribed rate from date of issue of the summons was also payable as well as costs on a legal practitioner and client scale. The applicant had allegedly entered an appearance to defend the damages claim and thereafter filed a special plea and exception which was heard by the Court and... More
The Applicant is the owner of certain mining claims situated in Mutoko Mashonaland East Mining Province being Mutoko Gold 32 Registration Number 40675 BM, and Mutoko Gold registration Number 37016 BM [hereinafter referred to as the Mutoko Gold Claims]. The Respondent is the owner of certain mining claims which are also in the Mutoko area.
The Applicant and Respondent are engaged in a dispute in respect of 503 granite mining blocks which the Applicant alleges the Respondent mined from the boundaries of the Applicant’s Mutoko Gold Claims. The dispute is currently pending under HC 3813/23. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Mutare handed down on 12 August 2021 cancelling the agreement of sale entered into between the second and third respondents pertaining to stand 2427 Umtali Township, Mutare, and, dismissing the appellant’s counter claim. More
