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 factual background to the claim is as follows. The appellant is the holder of rights, title and interest in an immovable property known as 34819 Unit ‘G’ Seke, Chitungwiza (the property). In December 2020, the appellant entered into an agreement of sale with the first respondent in terms of which she sold her rights in the property to the latter. The first respondent complied with all his obligations in terms of the said agreement and demanded cession of rights in the property into his name. The appellant was initially cooperative, but subsequently turned hostile. She refused to effect cession... 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
When the parties appeared before me in this matter on 2 October 2024 for a pre-trial conference, it was apparent that there were two related points of law which needed to be settled before the trial could proceed as they had the potential of disposing of the matter without the need of considering the merits. Both parties in their pre-trial conference memorandums had identified the issue of whether the plaintiff’s claim was res judicata or not but the defendant had gone further to raise the issue of whether or not there was a valid cause of action by the plaintiff... 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
The plaintiff and defendant, who are wife and husband respectively, entered into an unregistered customary union in July 1999. They never formalised their customary union but were nonetheless customarily married from that time up until 7 September 2022 when the defendant gave his wife a divorce token (gupuro). More
