This is an application for backpay. This hearing is arising from a Supreme Court decision that referred the matter back for determination on the ground that the court as an equity court should not apply strict rules of evidence but should call expert evidence to assist in determining the backpay that should be paid. Previously the court had dismissed the claim as the applicant could not bring evidence to show how his backpay should be determined in view of the changes that the Zimbabwe currency had gone through during the relevant period. More
The allegations, as set out in the Request for Remand Form, are that they criminally abused their duties as public officers as follows. They were members of the City of Harare Tender Evaluation Committee. On a date not material to this judgment, sitting as members of such Committee, they unprocedurally awarded a tender to refurbish street lights in Harare to a company called Juluka Enndo Joint Venture in breach of procurement provisions which required the procurement to be done through a competitive bidding process. Further, they disregarded their earlier decision at a previous sitting of the same City of Harare... More
The applicant was a councilor for Mt Pleasant and also a mayor of Harare City council. The allegations where that the applicant in the period between 1 March 2020 and 31 March 2020 asked one Addmore Nhekairo who was the Director of Housing, to allocate residential stands to Rotina Mafume his sister and Rutendo Muvuti a work colleague at Mafume Law Chambers. It was further alleged that at the time this request came, the interviews for Westlea stands had already closed and the two beneficiaries were not on the waiting list therefore did not have waiting list numbers. The applicant... More
This judgment is in respect of two applications which were heard together. The two applications are between the same parties. Case number HCH 6178/23 is an application for condonation of late filing of an application for rescission of a default judgment that was granted against the applicants in case number HC 280/18. The second application, HCH 6602/23, is the application for rescission of judgment to which the condonation being sought in HCH 6178/23 relates. The two applications were filed on different dates. The condonation application was filed first. The parties are the same in both cases. Also, the facts relied... More
This is an appeal against the decision of the Magistrates’ Court sitting at Harare refusing all the seventy- four (74) appellants admission to bail. The decision was delivered on 27 June 2024. The demographics of the appellants is interesting. They were not a random assembly. Instead, they hail from different but clearly defined clusters predominantly the suburbs of Chitungwiza, Epworth and Hatcliffe which account for almost three quarters of the appellants. Equally noteworthy is the fact that fifty-seven of the appellants are not formally employed and that over sixty of them are aged below forty years. They are of the... More
Plaintiff approached the court seeking to have an agreement of sale dated 11 March 2011 concerning house number C44 Chegutu be declared void and of no force. She also sought to be declared the lawful holder of title and rights to the same property. In addition, she sought consequential relief of the eviction of second defendant and all those claiming occupation through him from the property. More
In this civil trial the plaintiff led evidenced from one witness and closed his case. The 1st 2nd and 3rd defendants have applied for absolution from the instance at the close of the plaintiff’s case. The plaintiff resists the applications. More