This is an appeal against the whole judgment of the High Court (the court a quo) handed down on 16 December 2021. The court a quo granted the respondent damages in the sum of US$30 000.00 for malicious prosecution and US$100 000.00 for malicious arrest and detention. The damages were to be paid at the equivalent rate of the local currency of RTGS reckoned at the time of payment. More
In May 2017 the Plaintiff and Defendant entered into a verbal agreement of sale where the Defendant paid the Plaintiff US$3000.00 for the delivery of a motor vehicle. The Defendant having received the US$3000.00 then failed to deliver the agreed motor vehicle. The motor vehicle was supposed to have been delivered within a week of the payment and the Plaintiff failed to perform this contractual obligation and subsequently became unreachable to the Defendant. The Defendant only managed to make contact with the Plaintiff after the Defendant reported the matter to Southerton Police Station. The Plaintiff eventually paid the Defendant ZWL$3000.00... More
This is an application for the review of disciplinary proceedings chaired by Dzobo (N.O.) which proceedings resulted in applicant employee being found guilty and dismissed from employment following allegations of acting contrary to the conditions of her employment in contravention of Section 4 (a) of the Model Code SI 15 of 2006. More
The respondent filed a court application for rescission of default judgment in terms of Rule 29 of the High Court Rules 2021. The applicant proceeded to file its notice of opposition on the 30 of June 2022. On 19 July 2022, respondent filed its answering affidavit which was served on the applicant on the 20th of July 2022. One month has since lapsed and the respondent has not applied for the set down of the matter or taken any further procedural step within 1 (one) month from 20th of July 2022. Resultantly, the respondent has failed to prosecute its application... More
This is an application for condonation of late noting of an appeal and for leave to prosecute the appeal in person. The application is opposed by the respondent.
The applicant was convicted of rape as defined in s 65 of the Code. He was sentenced to 18 years imprisonment of which four years imprisonment was suspended on condition of good behaviour, leaving an effective prison term of 14 years. The conviction was in terms of the judgment dated 2 August 2018. The instant application was filed in 2023. More
The plaintiff issued out summons claiming adultery damages against the defendant who she alleges was engaged in an adulterous relationship with her husband, one Jabulani Tawanda Chikore since July 2020. They were married on 21 August 1998 in terms of the then Marriage Act [Chapter 5 :11] now the Marriages Act [Chapter 5:17]. There is one minor child born of the marriage. It is alleged that the plaintiff has suffered personal injury or contumelia and loss of her spouse’s consortium. The inclusive amount of damages claimed is USD 50 000.00 being USD 25 000.00 a piece. More
Sometime in 1988 and 1994, the parties entered into a written retirement annuity policy namely number 7097386 and 7262909. In terms of the policy, the defendant undertook to pay monthly annuities to the plaintiff upon his retirement. Thereafter, the plaintiff advised the defendant of his retirement and demanded payment of monthly annuities as per the agreement.
The late Joshua Bechowitz Weller after consulting “experts” demanded monthly annuities of USD481.22 and USD61.26 respectively from policy number 7097386 and from policy number 7262909 effective from 1 April 2013 payable in arrears. Plaintiff has duly complied with his obligations under the respective policies... More
