THE STATE Versus ENOCK SIBANDA

High Court of Bulawayo · HB 151-20 · 07 2020

The accused was arraigned before this Court on 11 June 2020 on a charge of murder as defined in section 47 of the Criminal law [Codification and Reform] Act Chapter 9:23. It being alleged that on the 22nd May 2019,…

TONDERAI MUTSAGO Applicant And DANHIKO PROJECTS TRUST 1stRespondent L.BVUTE & 47 OTHERS

Labour Court · LC/H/LRA/285/19 · 07 2020

This is an application for confirmation of a ruling by a Designated Agent. The ruling was made after a certificate of no settlement was made. The Designated Agent relied on claimant and Respondent’s written submissions. When the parties appeared before…

Tapiwa Chigwende Appellant Civil Service Commission Respondent (Ministry of Primary & Secondary Education)

Labour Court · LC/H/562/16 · 07 2020

Appellant appealed to this Court against his discharge from employment by Respondent. The ground of appeal was worded as follows, “The decision by respondent to uphold my discharge was misplaced because it was based on a wrong admission of guilty…

CITY OF HARARE Applicant And CLOUDIOUS KURAUVONE Respondent

Labour Court · LC/H/APP/77/20 · 07 2020

The applicant is applying for leave to appeal against the judgment of this court that was handed down on 31 January 2020. The applicant had retired the Respondent at the age of 60 years instead of 65 years. Retirement at…

Florence Mutambirwa N.O. Applicant Meikles Hospitality (Pvt) Ltd 1stRespondents K. Zaranyika & 10 0thers 2nd Respondents

Labour Court · LC/H/LRA/168/19 · 07 2020

On the 10th of April 2019 at Harare Applicant, qua Designated Agent made a ruling. She ordered 1st Respondent (employer) to pay 2nd to 12th Respondent (employees) a total sum of $21,065-45 in respect of their retrenchment package or terminal…

CHRISTMAS MAZARIRE v (1) THE RETRENCHMENT BOARD (2) OLD MUTUAL SHARED SERVICES (PRIVATE) LIMITED

Supreme Court · SC 105-20 · 07 2020

On 12 October 2015, the first respondent declined jurisdiction to quantify the appellant’s retrenchment package upon the termination of his employment with the second respondent. Aggrieved by the decision, the appellant brought a review application before the Labour Court, seeking…

REGGIE SARUCHERA (IN HIS CAPACITY AS JUDICIAL MANAGER FOR AGRIFOODS (PRIVATE) LIMITED, CRESTA POULTRY GROUP (PRIVATE) LIMITED AND MANICALAND FARMERS CO-OP (PRIVATE) LIMITED) v (1) SILO FOODS INDUSTRIES (2) CFI HOLDINGS LIMITED (3) MASTER OF THE HIGH COURT

Supreme Court · SC 104-20 · 07 2020

This is an appeal against the whole judgment of the High Court handed down on 6 March 2019, restraining the appellant and second respondent from executing a ruling made by the third respondent at a meeting of the creditors of…

VERITAS v (1) ZIMBABWE ELECTORAL COMMISSION (2) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (3) ATTORNEY GENERAL OF ZIMBABWE FIRINNE TRUST ALSO KNOWN AS VERITAS v (1) ZIMBABWE ELECTORAL COMMISSION (2) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS (3) ATTORNEY GENERAL OF ZIMBABWE

Supreme Court · SC 103-20 · 07 2020

The first appellant, Firinne Trust, is a trust incorporated as such by deed of Trust under the laws of Zimbabwe and registered with the Registrar of Deeds. It trades as Veritas, which is the second appellant herein. The first respondent,…

(1) ZIMBABWE HOMELESS PEOPLE’S FEDERATION (2) PESIWE GONYE (3) THOMAS KAHOMA (4) INNOCENT KAHOMA (5) VICTOR KAHOMA (6) NOREEN KATSANDE (7) TRISH KATUMWA KATSANDE (8) MAKATENDEKA KATSANDE v (1) MINISTER OF LOCAL GOVERNMENT AND NATIONAL HOUSING (2) ZVIMBA RURAL DISTRICT COUNCIL (3) LEENGATE (PRIVATE) LIMITED (4) MINISTER OF LANDS, LAND REFORM AND RESETTLEMENT

Supreme Court · SC 94-20 · 07 2020

This is an appeal against the judgment of the High Court dismissing an application by the appellants for a declaratory order and consequential relief pertaining to various fundamental rights, in particular, the right of children to shelter. The application was…

THE STATE versus ELLIOT MANDIVENGA And HARDLIFE KURIRAI And JONATHAN MUSIIWA And COSMAS NYAMBI And GIVEN TARU And MUNYARADZI LAITON BEN MUSHONI And FARAI MUSIMHI

Masvingo High Court · HMA 34-20 · 07 2020

All the 7 accused are facing the charge of murder as defined in section47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

IGNATIUS MORGEN CHIMINYA CHOMBO v (1) CLERK OF COURT, HARARE MAGISTRATES COURT (ROTTEN ROW) (2) BARBRA MATEKO N.O. (3) L. NCUBE N.O. (4) NATIONAL PROSECUTING AUTHORITY (5) JUDICIAL SERVICE COMMISSION

Constitutional Court of Zimbabwe · CCZ- 12-20 · 07 2020

This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) against a decision of the Supreme Court (“the court a quo”). The application is made in terms of r 32(2) of the Constitutional Court Rules…

MARTIN DINHA versus THE STATE

Constitutional Court of Zimbabwe · CCZ-11-20 · 07 2020

This is a chamber application in terms of r 20 of the Constitutional Court Rules, 2016 (“the Rules”) for an order for reinstatement of a matter deemed to have been abandoned and dismissed by the Registrar of the Constitutional Court…

BEKEZELA BHEBHE And PRINCE MDUDUZI NDEBELE And BHEKINKOSI BHEBHE Versus THE STATE

Bulawayo High Court · HB 157-20 · 07 2020

At the conclusion of the hearing of this matter I handed down an ex tempore judgment and dismissed the application. Notwithstanding that none of the parties has asked for written reasons I decided to furnish them nonetheless.

MANIFESTO TRADING (PVT) LTD T/A SMART PAK and RABBIT INVESTMENTS (PVT) LTD and HENRY SHONAI TOODZANISO and ZANELE NDLOVU Versus THE SHERIFF OF ZIMBABWE and OWEN TOMA and STANDARD CHARTED BANK ZIMBABWE LIMITED

Bulawayo High Court · HB 150-20 · 07 2020

: This is an application to set aside the decision by the Sheriff of the High Court confirming a sale in execution. The application is in terms of Rule 359(8) of the High Court Rules, 1971. The application is opposed…

PREVAIL CHAUKE PRIVILEDGE CHAUKE BISMARK NDOU Versus THE STATE

Bulawayo High Court · HB149-20 · 07 2020

The 3 appellants were convicted of 2 counts of stocktheft as defined in section 114 of the Criminal Law (Codification and Reform) Act Chapter 9:23. They were sentenced to 9 years imprisonment on each count leaving them with an effective…

PLUMED HORSE (PVT) LTD And STELLA NYANDORO And GEORGE NYANDORO Versus DUNDURN (PVT) LTD And REGISTRAR OF DEEDS And THE SHERIFF OF THE HIGH COURT OF ZIMBABWE And THE MASTER OF THE HIGH COURT ZIMBABWE

High Court of Bulawayo · HB 143-20 · 07 2020

The three applicants made this application purportedly in terms of the Common Law or alternatively Rule 449 of Order 49 of the High Court Rules 1971, for the rescission of the court order in case No. HC 2127/18. They aver…

AMOS SUKURUDZAYI versus THOMAS VHUSHENDIBABA

High Court of Mutare · HMT 45-20 · 07 2020

In this matter the appellant lodged an appeal against the decision of the court a quo wherein the court dismissed the plaintiff’s claim and ruled in favour of the defendant. The matter was centred on whether or not there was…

(1) MISHECK MUKARATI (2) LOVEMORE MUKARATI v (1) NOREEN CHIKAKA N.O (2) THE MASTER OF HIGH COURT N.O (3) CHITUNGWIZA MUNICIPALITY (4) ANDERSON REMUYANGA (5) LYDIA CHIKARA

Supreme Court · SC101-20 · 07 2020

This is an application for condonation for the late filing of an appeal and extension of time within which to note an appeal. The application is made in terms of r 43 (3) as read with r 39 (4) of…

GODWIN MAZURU Versus THE STATE

Masvingo High Court · HMA 36-20 · 07 2020

The issue which arises in this matter is rather a novel one. It is important for counsel to apply their minds to all matters which they deal with especially statutory offences. I find if unfair that counsel would not endeavour…

ROBERT DERERA MUSHONGA PASCAL TAKAIDZA MUSHONGA JEREMIAH MOYANA versus EFFORT MUSANDINANE

Masvingo High Court · HMA 32-20 · 07 2020

The three applicants seekthe rescission of a default judgment that was entered against them on 4 December, 2019. The respondent had issued summons out of this court for the delivery of replacement motor vehicle parts or in the alternative payment…