This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. Since the second respondent, the Messenger of Court is cited here in his nominal capacity and did not file any papers, for ease the first respondent shall be... More
The late Chief Nemangwe of Gokwe district of the Midlands province, Peter Muchabeta (the 1st respondent) died on 20 July 2023. He died of natural causes. Before his demise, however, he was locked in this present a legal dispute with the applicant with the latter claiming that he (i.e. 1st respondent) had been improperly and un-procedurally appointed to that position. The applicant seeks an order setting aside the 1st respondent’s recommendation by the relevant statutory functionaries for appointment to that position leading to a fresh selection process for the Nemangwe Chieftainship. The applicant’s main gripe with the process leading up... More
This application is aimed at the restoration of applicant’s peaceful and undisturbed possession and occupation of KOODOO 10 gold …..claim and for a prohibitory order, barring the first to ninth respondents and their agents from interfering with applicant’s peaceful and undisturbed mining activities at KOODOO 10 gold ….claim in Chitiyo Village MakahaMudzi District following the grant of an order by MANYANGADZE J on 8 August 2023. More
Article 16 of the United Nations Commission on International Trade Law [UNCITRAL] Model Law, an annexure to our Arbitration Act [Chapter 7:15] [“the Model Law”], paraphrased, and for the moment only picking the bare essentials relevant to this case, empowers an arbitral tribunal to rule on the question of its own jurisdiction. The Article also empowers a party to an arbitration to raise a plea that the arbitral tribunal is exceeding the scope of its authority. The arbitral tribunal may rule on the question of its exceeding the scope of its authority either as a preliminary point or in its... More
The brief facts of the matter are that the applicant was arraigned before the Bindura Magistrates Court on 22 July 2024 being charged with one count of unlawful detention as defined in s 93(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Code”); two counts of contempt of court as defined in terms of s 182 of the Criminal Code and one count of assault as defined in terms of s 89(1)(a) of the Criminal Code. On the charge of unlawful detention, it is alleged that on 18 July 2024 he unlawfully deprived Xu Yang, Simbarashe... More
1. This is an appeal against the decision of the employer finding the Appellant guilty as charged and imposing a penalty of dismissal. The appeal is against both the conviction and the penalty. The appeal was opposed. More
