This is an application for condonation for the late filing of an application for review. Brief background
The applicant was employed as a security guard by the respondent. His job responsibilities
included the securing of company premises and all of the respondent’s property. Allegations of theft were raised by the respondent against the applicant. It was alleged that the applicant, acting in connivance with one Kwainonaya (a fellow employee) stole gold ore from the respondent’s property. He pleaded not guilty but was found guilty and dismissed. More
The applicant seeks a final interdict barring the five respondents from interfering with its mining operations on pieces of land situate in on communal lands in the Zaka District of Masvingo Province. Through the affidavit deposed to by its director, Boysen Mutembwa, it alleges that the five respondents are conducting illegal mining activities on some of its registered mining blocks, a claim which the respondents deny. It further avers that it is the registered holder of mining claims known as Bvuma Mining project which it obtained sometime in 2017 and 2018. It has since affected developments thereon pursuant to its... More
This is an appeal against a judgment by a Magistrate sitting at Gokwe Magistrates Court. The plaintiff and defendant in the court a quo are the appellant and respondent respectively in this appeal. The parties were in an unregistered customary union. More
This is an appeal against the entire judgment of the High court (“the court a quo”), wherein it removed the appellant’s matter from the roll in order to pave way for the finalisation of an application filed before the Constitutional Court under case number CCZ 12/22. More
This is an application for leave to appeal at the instance of the employee. The application is opposed by the employer on the basis that it is bad at law and that it fails to meet the test for such applications. Each of the issues discussed in the application are addressed below.
It is settled that leave applications succeed on the basis that the applicant is raising issues of law that need determination by a superior court or that on the merits the applicant has a plausible case. More
This is an application for review brought in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] AJA. The applicant is challenging the second respondent ‘s decision to terminate the applicant’s right of occupation of Stand Number 8A Captain Tapfumanei, Mbare before conferring same to the first respondent’s now deceased husband, Peter Baipai. It is the applicant’s contention that the decision by the second respondent must be set aside on the basis that it was irregular, unlawful and procedurally unfair. The application is opposed by the second respondent only. First and third respondents did not file any opposing... More
The plaintiff (Rephio Chirumbwa) and the defendant are embroiled in a leadership dispute in an apostolic church known as Bethlehem Apostolic Faith Church (the Church). The trial of the matter commenced in March 2022. The matter suffered from setbacks, primarily, the unavailability of witnesses which derailed its progress and ultimately its conclusion. At the conclusion of the trial, the defendant made an application for absolution from the instance at the close of the plaintiff’s case. I dismissed the application for absolution from the instance in a judgment handed down under HH 267/23. More
