The applicant approached this court seeking rescission of default judgment granted against him and in favor of the first respondent on 19 August 2020 under case number. HC 10389/17. The application is made in terms of R 27(1) of the High Court Rules, 2021 (‘High Court Rules’). The first respondent’s opposing affidavit was deposed by one John Nyakamha hereinafter referred to as John (the first respondent’s father) by virtue of a general power of attorney to represent her. It is upon this background that the applicant raised issues over the opposing affidavit as being improperly commissioned and prayed that it... More
This is an application for a declaratur wherein applicant is seeking that -:
1. The sole asset of the Estate of late Martin Charlie commonly known as Number 7 Meister Road, Ardbernie, Harare be and is hereby declared matrimonial property as envisaged in terms of section 3 A(a) of the Deceased Estate Succession Act [Chapter 6:02]; More
The background of this matter is that applicants and respondents have a dispute regarding issues at the 8th and 9th respondents being a church in Zimbabwe but also headquartered internationally overseas. Applicants are disgruntled with the manner in which the constitution of the church in Zimbabwe from the founding affidavit and the rest of the papers although the draft order (clause (9)) thereof is relating to the constitution of 1st respondent yet 1st respondent per the founding affidavit is a natural person. There is seemingly a problem there. The applicants also have an issue with the way they were evicted... More
1. This is an appeal against the decision of the designated authority upholding the decision of the disciplinary committee. The appeal raised three grounds on conviction and two on the penalty. However in court it was agreed that there was only one ground on the conviction which is that there was no adequate evidence to convict on the charges raised. On the penalty it was agreed that if the charge was proved the penalty would be appropriate going by precedent of such cases as Innscor v Letron Chimoto SC 6/2012. The parties thus argued on the sufficiency of the evidence... More
This is an appeal against the decision that led to appellant’s dismissal from employment following allegations that he had given false information relating to duplicated bar code 106 which could have resulted in loss of the company’s roll of electric cable. More
MUZENDA J: This is a chamber application for leave to appeal out of time. Where applicant seeks the following relief:
“IT IS ORDERED THAT:
1. Application for leave to file appeal out of time be and is hereby granted.
2. Applicant be and is hereby granted leave to file his appeal within 5 days of granting of this order.
3. There shall be no order as to costs.”
The conviction and sentence were pronounced at Rusape Magistrate’s Court on 17 July 2023. Applicant intends to appeal against both conviction and sentence and to him he enjoys bright prospects of success. More
This is a chamber application for a mandamant van spolie brought on an urgent basis. The brief facts of the matter are that 1st Applicant is a body corporate duly registered in terms of the laws of the Republic of South Africa but conducting the business of import and exports as well as hauling cargo by road from Zimbabwe to South Africa on contract for clients. 2nd Applicant is employed by the first as a truck driver. It is alleged that on the 18th of August 2024 the 2nd applicant while conducting business of his principal was in Bulawayo from... More
