This is an application for the confirmation of an order of constitutional invalidity in terms of s 175(1) of the Constitution as read with rule 31 of the Constitutional Court Rules, 2016. The order of constitutional invalidity in question was made in the High Court (“the court a quo”) sitting at Harare and was handed down by Katiyo J on 18 July 2024, under case No. HCH 6718/20 and judgment No. HH 475-24. More
: This matter came by way of an urgent court application.
The relief sought is formulated as follows:-
“1. The application be and is hereby granted.
2. The removal of third and fifth applicants from their membership of the SROC in their ex officio and Opposition Chief Whip in the National Assembly by the first and second respondent be and is hereby declared unlawful and ultra vires the Constitution of Zimbabwe.
3. The appointment of Nonhlanhla Mlotshwa as first applicants overall Chief Whip, a position which does not exist under s 151(2) of the Constitution of Zimbabwe be and is... More
The two appeals were filed separately under different case numbers. On the date of hearing, the Legal Practitioners for the parties requested for the consolidation of the hearing of the matters in view of the facts/issues raised in both appeals being similar. The court having granted the request both matters were then heard at the same time. The two appeals are against the two awards by the Designated Agent Alex, Masiya which awards were handed down on the 25th of April 2018 (in the case of Smart Safuri) and on the 12th of April 2019 ( in the case of... More
This is an appeal against the judgment of the Magistrates Court.
Before the court a quo respondent obtained a default judgment. The default order in essence directed appellant to return respondents motor vehicle, a mercedes benz with registration numbers AFM 4421 to the respondent.
Appellant filed an application for they rescission of the earlier default judgment. The court a quo after due consideration rendered an order dismissing the application for rescission. Appellant dissatisfied with the judgment has noted an appeal which appeal is now before us. More
The plaintiff sued the defendant essentially seeking an order, to confirm cancellation of an agreement between the parties, for the eviction of the defendant from stand 2030 of stand 61 Machipisa Complex, Zvishavane, for damages and interest thereon and costs of suit.
The defendant has put up a fight and defended the action seeking for the dismissal of the plaintiff’s claim with costs. More
1. This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 17 January 2024, wherein it dismissed an application for relief, made in terms of s 4 of the Administrative Justice Act [Chapter 10:28] (“AJA”). The court a quo held that it had no jurisdiction to hear the dispute between the appellant and the first respondent emanating from a lease agreement between the two parties, in which they agreed that any disputes would be heard by the Magistrates Court More
WAMAMBO J: This is an urgent chamber application for stay of execution pending the determination of an application for rescission of judgment.
The basis of the application as per the applicant’s founding affidavit is as follows:
On 24 February 2025 under HCH 7808/23 an order was rendered in favour of the first respondent against the applicant in default. After consultations with different legal practitioners applicant filed a court application for rescission of judgment under Case No HCH 1006/25.
Applicant is under corporate rescue. Prior to the appointment of a corporate rescue practitioner an order under HC 8140/21 was granted against... More
