This is an appeal against the whole judgment of the High Court (“court a quo”) wherein it granted an application for review of the second respondent’s decision authorizing the permit for the construction of a funeral parlor by the appellant. More
The appellants appeared before the court a quo on initial remand. They face a charge of contravention of s60 A (3) (b) of the Electricity Act (Chapter 13:19). It is alleged that between 30 March and 14 April 2024 at Ngwati Shaft, Zimplats Kadoma, the appellants in the company of two others who were granted bail unlawfully cut 419 metres of armoured copper cables weighing 2 572kgs whose value is US$45 360. It was all recovered. An application for bail pending trial was made. It was opposed by the State. More
: The plaintiff issued summons claiming a decree of divorce and ancillary relief. The claim was opposed. The parties contracted a civil marriage under the then Marriage Act [ Chapter 5:11] at Harare on 2 September 1995. The court’s jurisdiction is premised on the fact that the defendant is a Zimbabwean citizen who is domiciled in Zimbabwe. More
The see-saw which characterizes the case of the applicant and that of the respondent is unprecedented. It is unprecedented in the sense that it appears to have little, if any, end-in-sight. Indeed, its characteristics fall into the realms of the court’s dictum which is to the effect that there should be finality to litigation. More
This is an appeal against the whole judgment of the High Court of Zimbabwe (the court a quo) dated 6 April 2023 in which it convicted the appellant of murder as defined in s 47 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23] and subsequently sentenced him to death. In the main, the appellant seeks that he be acquitted of the charge of murder. In the alternative, that the sentence of death be quashed and substituted by a prison sentence of 10 years. In a further alternative that the proceedings against the appellant be permanently stayed. More
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
