DUBE-BANDA J:
[1] The applicant seeks a declaratory order to the effect that she is the lawful and sole owner of stand number 1025 Strathaven, Harare, (“stand”) and that any sale or disposal of the stand unlawful, null and void.
[2] The application is opposed by the first, third and fourth respondents. The third respondent is Milivic Housing Trust for convenience it shall be hereinafter as the “Trust”. The second respondent (“Makari James”) filed an affidavit, whose net effect is in support of the application. After hearing arguments and at the stage of writing this judgment, it occurred to me... More
This is basically an application for variation of the maintenance order made by this court. The parties had appeared before the court on the issue of their divorce. The divorce was granted and the applicant was ordered to make maintenance provisions towards the two minor children of the parties. He has now approached this court for downward variation of the maintenance order issued. More
The delay in hand down of this judgement is regretted. This is an appeal against the determination made by the 1st Respondent, CBZ Bank Limited wherein it issued a decision against Simon Mabugu, the appellant on the 31st of January 2020. More
An administrative authority that intends to undertake an adverse decision affecting the rights enjoyed by any affected party is legally bound to give proper notice and afford such affected party an opportunity to make representations or be heard before such a decision is taken. This requirement is in terms of the common law rule of natural justice audi alterum partem rule and also in terms of our statute law as provided for in s 3 of the Administrative Justice Act [Chapter 10:28]. As long as due process was not followed, it cannot avail the administrative authority to then come and... More
1.On 10 March 2025, after hearing counsel and having considered the documents filed of record, this Court issued the following order:
“The appeal be and is hereby dismissed with no order as to costs”.
The court undertook to avail written reasons in due course. The reasons are captioned herein.
This is an appeal against part of the judgement of the High Court (“court a quo”) handed down on 27 November 2023. The court a quo held that stand number 2 Glynde Avenue Mabelreign, Harare (“the property”) was the jointly owned property of a tacit universa More
: This application was placed before me as one for the suspension of a sale in execution in terms of R71(14) (a) of the High Court Rules of 2021. It is trite that such an application is treated as an urgent matter. Upon receipt, I caused the matter to be set down for the 28th of March 2024. However, by the date of set down, the applicants’ legal practitioners had renounced agency. The first applicant at the hearing made an application for a postponement of the matter on the grounds that they no longer had legal representation and required time... More
This is an application for review in terms of section 92 EE of the Labour Act, (Chapter 28:01) as read with Rule 20 of the Labour Court Rules, 2017.
FACTUAL BACKGROUND
The applicant was employed by the respondent, PetroZim Line (Pvt) Ltd. The applicant was dismissed from employment and made an application for review under case number LCH/180/24, challenging his dismissal. The review was upheld, and the respondent was ordered to convene a fresh disciplinary hearing within 60 days. The respondent failed to conduct the hearing within the timeframe ordered by the Court, and the applicant approached the Cou More
