On the 19th November 2021 this Court issued a judgment in terms of which it ordered respondent to reinstate applicant’s grade (after unlawful demotion) and pay damages arising from the demotion. The parties engaged each other but failed to settle the amount of damages payable. Then on 2nd September 2024 applicant filed the present application for quantification of the damages by this Court. Respondent opposed the application. More
OPPOSED APPLICATION
CHIRAWU-MUGOMBA J: The applicant seeks an interdict in terms of s8(1) of the Trade Marks Act ( Chapter 26:04), the ‘Act’. However, the correct section is 9A but this is neither here nor there. The applicant’s case as pleaded is very simple. She contends that since the 31st of May 2024, she is the registered proprietor in the Republic of Zimbabwe, Botswana, Mozambique and Malawi of the trademark FESO under AP/M/2023/005745 in classes 1, 3 and 35 in respect of hair products. She attaches a copy of the certificate of registration which shows that the mark is registered... More
The plaintiff in this matter, Letwin Kadiyo, lays monetary claims against the defendant for US$32 500.00 and US$20 000.00 based on a tacit universal partnership that she says she had with Kudakwashe Naison, the defendant. The plaintiff met the defendant in 2013 at a time when each used to sell his or her own wares at a market called Gulf Market in Harare’s central business district. She sold shoes and he sold cell phones. They fell in love. They started cohabiting in 2014 with his parents. He continued with his business and she did the same with hers. Each at... More
This is a court application for a declaratur and consequential relief filed in terms of s 14 of the High Court Act [Chapter 7:06]. On 27 February 2025, this court issued an ex tempore judgment. The court upheld the point in limine that the first respondent was barred and that its opposing papers were fatally defective. The court struck out the first respondent’s purported notice of opposition and opposing affidavit and proceeded to deal with the application as unopposed. More
TAKUVA J: This is an application for summary judgment in which the applicant seeks the following relief:
“1. The application for summary judgment be and is hereby granted.
2. The respondent pays the applicant the sum of US$19700.00 (nineteen thousand seven hundred United States Dollars).
3. The respondent shall pay interest at the rate of 5% per annum from the date of the issue of summons to date of full payment.
4. The respondent shall pay costs of suit on an attorney and client scale.
5. The respondent to pay for collection Commission in terms of the Law Society of... More
The applicant and the respondent were married in terms of an unregistered customary union from December 2013 until June 2022. The union was blessed with two minor children. The union was customarily terminated sometime in June 2022 because of what the applicant called an irretrievable breakdown in the parties’ relationship.
It was the applicant’s case that following the termination of their customary union, the parties could no longer live peacefully together in the same house, being stand No. 29 Chikurubi Township of Manresa registered under Deed of Transfer Number 2146/2014, also known as House Number 29 Cedar Road Manresa Park,... More
The court on 24th July, 2024 rendered an order dismissing the present matter with costs. TheAppellant having written asking for reasons the following are the reasons. Mymost sincere apologies to the litigants for the delay.
The matter was placed before me as an appeal against the determination and penalty of dismissal imposed by the Respondents’ DisciplinaryAuthority dated 28th of December, 2022. More
