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 judgment disposes of two applications. Case number HC 1129/23 is an application for the setting aside of an arbitral award handed down by the arbitrator on 18 November 2022 while HC 7965/22 is an application for the registration of the same award More
The application was brought before this court based on the following grounds:
“That the ruling made by the first Respondent is grossly unreasonable and is as outrageous as it defies all logic that no reasonable magistrates’ court applying its mind to the case would have arrived at such a decision.
That the first Respondent is un-procedurally (sic) and in a grossly irregular manner seeking to facilitate the second Respondent to bolster its otherwise very weak case through the defence’s evidence. The first Respondent did not show in her ruling that she actually exercised caution in treating evidence of the complainant... More
This is an appeal against the whole judgment of the Magistrates Court (Civil Court) sitting at Harare in case number HRE- CCG 1424/23 which was handed down on 30 January 2024.
The judgment appealed against dismissed an application for rescission of judgment lodged by the now appellant with costs on the ordinary scale. More
: The plaintiff is Mereki (Warren Park) Community Trust. The trust was formed by registered Trust Deed No 722/2015 dated 12 June, 2015. The trust was founded for the main objective of advancing the welfare and interests of Warren Park Community. Warren Park is a high density suburb located to the south west of the environs of The City of Harare. More
MUSITHU J: This referral judgment is rendered pursuant to the provisions of s 175(4) of the Constitution as read with r 24 of the Constitutional Court rules, 2016 and r 108 of the of the High Court rules, 2021. The composite judgment is concerned with both Case 1 and Case 2, which arose from the same cause of action and circumstances. The constitutional
issue that arises for determination in both cases is the constitutionality of s 70 of the Police Act [Chapter 11:10] (the Police Act), which states that:
“70 Limitations of actions
Any civil proceedings instituted against the State... More
: This matter is an application for bail pending appeal. Before the Regional Court applicant was the first accused of the three accused in that matter. They faced four counts of rape as defined in Section 65 (1) of the Criminal Law (Codification and Reform Act) Chapter 9:23. The allegations were that the accused person’s raped female minors aged four, eight and 11 years old More
