These consolidated proceedings concern a protracted dispute over ownership and possession of Stand No. 307 Willowvale Township, Harare. Two applications were heard together: (1) an application by Sadie Motors (Pvt) Ltd (“Sadie Motors”), HCH 6435/25, seeking the eviction of Budget Steel (Pvt) Ltd (“Budget Steel”) from the property, and (2) a counter-application by Budget Steel, HC 8266/22, seeking cancellation of Deed of Transfer No. 696/2021 under which Sadie Motors obtained title to the property and an order for re-transfer of the property to Budget Steel. For the sake of convenience, Budget Steel shall be called the applicant and Sadie Motors... More
The matter before me is an application for review under case number LC/H/ 44/25, conjoined with an appeal under case number LC/H/25/25. The two matters were initially filed separately on the IECMS platform, however, they were ultimately consolidated due to their derivation from the same factual circumstances and decision. At the outset of the proceedings, the Court informed the parties that it would first consider the application for review, followed by the appeal. More
Before me is a claim against a public carrier and provider of security services by its client for loss of that client`s goods-namely 11.95kg of gold bullion valued at US$675,000 -during conveyance. The claim-framed in the main (Praetor`s Edict) and alternative (aquilian action) -issues from what has been termed the confluence of the law of delict and the law of contract. More
This is an appeal against the decision of the respondent appeals officer who confirmed the guilty verdict and dismissal penalty meted out on the appellant employee following allegations of conduct inconsistent with the contract of employment in contravention of Section 4 of the Model Code. Facts of the matter are that appellant who was in the respondent’s employment as a Senior Registrar- Human Resources was accused of having failed to properly authenticate one Rashirai’s certificates and that led to Rashirai being employed by the respondent on the basis of his fake certificates to the detriment of the respondent. Appellant was... More
The introduction of the Land Reform Program in Zimbabwe was monumental in the history of Zimbabwe. It brought about everlasting changes with far reaching effects. On the one hand, jubilation and satisfaction to those who had long advocated for it, on the other, a sense of ‘injustice’ and fear of what was to come to those who held of humongous pieces of land. A neutral look into the Land Reform program shows that such a move may have been necessitated by the need to repair injustices of the past, and a need to balance the economic and social standing of... More
1. This is an appeal against the whole judgment of the General Court Martial (the court a quo) which convicted the appellants of robbery as defined in s 39 (2) (a) of the First Schedule to the Defence Act [Chapter 11:02], as read with s 126 (a) of the Criminal Law Codification and Reform Act [Chapter 9:23] (hereinafter referred to as the ‘Code’). The robbery was committed at Chidamoyo Hospital (the hospital), Karoi. The appellants were jointly tried with Major Fortune Murondatsimba to whom they attributed the orders constituting the basis of their defence. More