This is an application for the rescission of a default judgment granted by this court on 22 November 2023, under HCH 6544/23. In that matter, the respondent herein was the plaintiff, while the second applicant was the defendant. The court ordered that the defendant and all those claiming occupation through him must vacate a property known as Stand 41 Hessel Road Carrick Creagh Harare (the property) within ten (10) days of service of the order. The court further ordered that in the event that the respondent and all those claiming through him failed to comply with the directive to vacate... More
Up until recently the applicant was a member of the Zimbabwe Prisons and Correctional Services (ZPCS). He was discharged by the Commissioner General of Prisons and Correctional Services, (the second respondent) following disciplinary proceedings conducted under the Prisons (Staff) (Discipline) Regulations, 1984 (‘the regulations”). He now brings this application in terms of ss 26 & 27 of the High Court, [Chapter 7:06] for a review of that decision. He seeks to have it set aside on the basis that according to him the procedure leading to his discharge was marred by several procedural irregularities. More
MAMBARA J: This matter was set down on the unopposed roll after the defendant’s plea was struck out for non-attendance at the pre-trial conference and her subsequent application for rescission was deemed abandoned. Liability is therefore not in issue; the court is seized only with the assessment of quantum under r 25(1) of the High Court Rules, 2021.
The plaintiff seeks US $50 000, broken down into US $30 000 for contumelia and US $20 000 for loss of consortium, arising from a protracted adulterous relationship between the defendant and the plaintiff’s husband that began in 2019, produced two children,... More
This judgment disposes of case numbers HCH 5885/24 and HCH 13/25. The applicant and the respondents are common in the two cases. The applicant is Walter Magaya who described himself in both cases as a “renowned Minister of the Gospel and a passionate football enthusiast” who has “proudly supported local football serving as a dedicated benefactor to the support.” This was rightfully not disputed because the applicants CV is pregnant with proof of financial and logistic support which he has given to the game. The first respondent is Lincolin Mutasa cited in his official capacity as the chairperson of the... More
This is an application for a declaratur wherein the specific relief is;
“1. That a declaratory order be and is hereby granted that a claim for entitlement to enjoyment and protection against a continued infringement of a fundamental right does not prescribe, hence the applicant association’s qualifying membership do remain each entitled, respectively, to full payment of any arrear monthly s 3 and 4(1) of the WAR VETERANS (Pension Scheme) Regs, SI 280/97, being the war veterans suitable welfare pension, accasioned them over the years, as guaranteed for under s 84(1)(a) of the Constitution and saved under s 27(4), (5),... More
This is an appeal against the arbitrator’s decision in a labor dispute between the appellant employer and the respondent employee.
The background facts of the matter are that the employer employed the employee as a teacher on a contract with a probation period. Upon expiration of the probation period the employer issued a notice to the employee that it was not extending her contract. Aggrieved by the non-extension of her contract the employee took the matter up with the result that the arbitrator gave a determination in her favour. This prompted the employer to appeal against the arbitrator’s decision. More
