The first respondent approached the court a quo by way of an application seeking an interdict against the appellant and the second respondent barring them from entering its farm in Arcturus, Goromonzi and from laying any rights to a certain mining claim situated thereon. The first respondent also sought an order that the appellant and the second respondent stop all mining operations at the mining claim. In its founding affidavit deposed to by one Morrison Bimbi, the first respondent averred as follows: It was the owner of a certain piece of land called the remainder of Lot 4 of the... More
In considering this matter of insurance, I kept reminding myself of the words of R.H Christie, in Business law in Zimbabwe, (Juta and company Limited, 1998, 2016 edition at page 221), as follows,
“ The object of insurance is to protect people from financial disaster. They buy this protection by the payment of a moderate price in exchange for a promise to pay an agreed amount if or when the disaster occurs. The seller of this protection is known as the insurer, the buyer the insured (or assured in life insurance), the price is known as the premium and the... More
The plaintiff claims from the defendant payment of the sum of US$1 517 465-00, reduced to US$1 461 000-00 by an amendment to the summons and declaration, and finally to US$1 014 483-00 at trial. The claim is for damages for breach of contract. The nature of such damages is not finely pleaded. They are supposed to be consequential or anticipatory damages flowing from the alleged breach. More
Defendant raised a special plea against plaintiff`s claim for an amount of US$274,768 as damages for alleged breach of contract. Both parties are economic players in the agricultural sector. Sometime in November 2022, plaintiff (“Seedco”) and defendant (“Mr Falkenberg”) concluded a soya bean crop financing and production contract. More
The applicant is seeking to be released on bail pending trial in terms of section 117A (1) of the Criminal Procedure and Evidence Act (Chapter 09:07). He is facing a charge of murder in terms of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). In terms of the form 242, it is alleged that on the 6th of January 2024, the applicant and his brother one Pilate Ndlovu assaulted the deceased Sipho Mpofu with stones and bricks and thereby causing his death. It is common cause that the quarrel with the deceased was over the issue... More
The appellants were employed by the respondent as security guards until their dismissal in 2021 when they instituted unfair dismissal claims with the National Employment Council for the Medical and Allied Industry. The appellants claimed that the respondent erred in directing them to join an outsourced company and terminating their contracts on notice. The dispute was presided over and determined by an N.E.C designated agent who ruled that the respondent pay to each appellant USD 11 084 or its equivalent in Zimbabwe currency plus costs. The ruling of the designated agent was not complied with. More
This is an appeal against the judgment of the Labour Court sitting at Harare (the court a quo) delivered on 5 October 2023, dismissing the appellant’s appeal against the determination of the designated Appeals Officer of the respondent. The Appeals Officer dismissed the appellant’s appeal against the determination of the Disciplinary Authority which found the appellant guilty of misconduct and dismissed him from employment. More
