SIMON KORERA and LORAN CHASAYA versus THE STATE

High Court of Mutare · HMT 70-19 · 10 2019

On 16 October 2019 we upheld an appeal against both conviction and sentence passed by the court a quo and indicated that reasons would follow. These are they:

TRIANGLE LIMITED and HIPPO VALLEY ESTATES LIMITED vs ZIMBABWE SUGAR MILLING INDUSTRY WORKERS UNION (ZSMIWU) GODFREY KATERERE BRAWL CHIKANDIWA TAVONGA VANDIRAI LUCIA CHIRILELE NOKHUTULA DUBE FASTER SOPPER GONO BERRINGTON ZVANYANYA SAMUEL JINJIKA P. CHIKAMI Z. MANARA A. SIBANDA J. GWANYANYA ADMORE HWARARE ZIMBABWE FEDERATION OF TRADE UNIONS MINISTER OF PUBLIC SERVICE, LABOUR & SOCIAL WELFARE

Masvingo High Court · HMA 47-19 · 10 2019

The applicants filed an Urgent Chamber Application on 26th September, 2019. The first to seventh respondents filed opposing papers on the date of the hearing The 8th to 14th respondents did not file any papers and their position is that…

AGREEMENT MLILO vs THE STATE

Masvingo High Court · HMA 46-19 · 10 2019

The appellant who was jointly charged with one Ekem Matutu was convicted of stock theft as defined in s 14(2)(b) of the Criminal Law (Codification and Reform) Act [Cap 9:23] by the Provincial Magistrate sitting at Zvishavane on 23 May…

MOHAMMED ISMAIL [in his capacity as the guardian of Yusuf Ismail (a minor)] Versus (1) ST. JOHN’S COLLEGE (2) CAVALIERE CORRADO TRINCI N.O (3) STEVE MARTIN N.O (4) MINISTER OF PRIMARY AND SECONDARY EDUCATION

Constitutional Court of Zimbabwe · CCZ- 19-2019 · 10 2019

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

MAXWELL MATSVIMBO SIBANDA v (1) PARKS AND WILDLIFE MANAGEMENT AUTHORITY (2) THE MINISTER OF ENVIRONMENT AND TOURISM (3) TSANGA TIMBERS (4) ALLAN JOHN SANDERS (5) RICHARD SAZIYA

Supreme Court · SC 80-19 · 10 2019

This is a chamber application in terms of r 43 of the Supreme Court Rules, 2018 for condonation of the failure to comply with r 38 (1) of the same Rules and an extension of time in which to appeal.…

THE STATE vs THOMPSON MACHINGURA

Masvingo High Court · HMA 45-19 · 10 2019

The then 30 year old accused is facing the charge of killing his then 38 year old sibling as defined in s 47 (1) of the Criminal Law (codification and Reform) Act [Cap 9:23] by assaulting him all over the…

CLEO BAND INVESTMENTS (PVT) LTD Versus CHIGAMI 2 SYNDICATE And HUGO GEORGE DORING And SABINE DORING

Bulawayo High Court · HB 147-19 · 10 2019

This is an urgent application wherein the applicant seeks the following interim relief: “Pending the determination of this matter, the applicant is granted the following relief: That the 1st, 2nd and 3rd respondents and all persons claiming through them be…

LUNGILE TSHUMA Versus THE STATE

Bulawayo High Court · HB 149-19 · 10 2019

This is an appeal against refusal of bail pending trial by a magistrate. The appeal is made in terms of sections 121 (b) and 121 (2) (b) of the Criminal Procedure and Evidence Act (Chapter 9:07) (the Act). The facts…

ZIMBABWE URBAN COUNCIL WORKERS UNION Versus REDCLIFF MUNICIPALITY

Bulawayo High Court · HB 150-19 · 10 2019

This is an application for leave to execute pending appeal against the judgment of this court per MAKONESE J under case number HC 2434/17 registering an arbitral award in favour of the applicant. The facts are that the applicant’s members…

THE STATE Versus THOMAS NDIMA And TRYMORE MUGWARA And RABSON NDIMA

Bulawayo High Court · HB 153-19 · 10 2019

The above matter has been placed before me by the scrutinizing Regional Magistrate. The accused persons in this matter appeared before a Provincial Magistrate at Esigodini on 8th of January 2019. They faced charges of contravening section 59(a) of the…

ENOCK CHIWESHE Versus NATIONAL RAILWAYS OF ZIMBABWE

Bulawayo High Court · HB 155-19 · 10 2019

This is an application for absolution from the instance at the close of the plaintiff’s case. The factual background to this case is that on 12th September 2017, the plaintiff caused summons to be issued out of this court against…

NATIONAL EMPLOYMENT COUNCIL FOR THE COMMUNICATIONS AND ALLIED SERVICES INDUSTRY Versus (1) NETONE CELLULAR (PRIVATE) LIMITED (2) THE MINISTER OF LABOUR AND SOCIAL WELFARE

Constitutional Court of Zimbabwe · CCZ -17-2019 · 10 2019

At the hearing of the appeal against the decision of the High Court, Harare, declaring as invalid, and consequently striking down, the provisions of ss 2(a), 33 and 36 of the Collective Bargaining Agreement for the Communications and Allied Services…

ELVIS MUCHERI versus THE STATE

Harare High Court · HH 579-22 · 10 2019

1. The applicant, following a full trial, was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. 2. The judgment was rendered on 30 November 2017 by the Regional Court sitting…

STATE versus RICHARD ZONGORO

High Court of Mutare · HMT 72-19 · 10 2019

In a sad sibling rivalry over inherited pieces of land the deceased lost his life. The accused was arraigned before this court on a charge of murder as defined in s 47 (1) (a) or (b) of the Criminal Law…

AFRASIA BANK ZIMBABWE LIMITED (UNDER LIQUIDATION) v RIOZIM LIMITED

Supreme Court · SC 76-19 · 10 2019

This is an appeal against the entire judgment of the High Court handed down on 3 May 2017. In that judgment, the High Court dismissed the appellant’s chamber application for a default judgment in terms of a Deed of Settlement.

THE STATE Versus KHULEKANI NCUBE

Bulawayo High Court · HB 173-19 · 10 2019

the accused MOYO J: The accused person faces a charge of murder, it being alleged that on the 28th of March 2019 and at Jani Bottle Store, Moffat area, Shangani, Fort Rixon he struck Mkhokheli Ncube with an axe once…

CONSTABLE GWETE P Versus THE TRIAL OFFICER (SUPERINTENDENT NEKATI) And THE COMMISSIONER GENERAL OFFICE

Bulawayo High Court · HB 126-19 · 10 2019

The applicant in this matter is seeking a review of the decision of a Single Trial Officer on the grounds that: 1. The 1st respondent decided to proceed with the matter where he had no jurisdiction to do so in…

NICHOLAS KHAWULANI MASUKU Versus LINDANI MASUKU And STEVEN MANDI NYONI And REGISTRAR OF DEEDS

Bulawayo High Court · HB 145-19 · 10 2019

This is an application filed under a certificate of urgency. Applicant seeks the following relief: “Terms of Interim Relief 1. It is ordered that the respondents are hereby interdicted from dealing in any manner whatsoever with the property presently registered…

GILBERT MANDA VERSUS DAMIC SECURITY (PVT) LTD

Bulawayo High Court · HB146-19 · 10 2019

This is an application wherein the applicant seeks an order for reinstatement by his employer. The application is somewhat confusing in that on one hand it is presented as an application where the relief of mandamus is being sought and…

THE STATE Versus ISAAC RUSIKE

Bulawayo High Court · HB 152-19 · 10 2019

This matter has been referred for sentence in terms of section 54(2) of the Magistrates’ Court Act (Chapter 7:10). The accused was arraigned before a Provincial Magistrate sitting at Gweru on allegations of contravening section 60(3)(A) (a) of the Electricity…