CROCO PROPERTIES (PRIVATE) LIMITED versus SWIFT DEBT COLLECTORS (PRIVATE) LIMITED t/a RUBY AUCTIONS

Harare High Court · HH220-13 · 07 2013

The applicant seeks a rescission of a default judgment of this court issued against it on 22 May 2012, per MUTEMA J, for payment of storage charges of US$641-00 a day from 9 March 2009 together with interest at the…

FANUEL CHIPINDA versus THE STATE

Harare High Court · HH299-13 · 07 2013

The applicant approached the court with an application for bail pending review of proceedings which took place on 11 April 2013 at Kadoma magistrate court. The back ground to the application being that on 11 April 2013 the applicant appeared…

ARMSTRONG SOKO and BEAULER KURARE versus ELIZABETH TAVAZIVA and NORTON TOWN COUNCIL

Harare High Court · HH266-13 · 07 2013

The 2 applicants are husband and wife who are seeking an order for the eviction of the first respondent, and all those claiming occupation through her, from stand 17405 Katanga Norton. The applicants state that they purchased a vacant stand…

BISHOP NEHEMIA GOVATI MUTENDI versus THE TRUSTEES FOR THE TIME BEING OF ZCC CHURCH and MACDONALD CEPHAS MUSWERE and MUSWERE HAULAGE DYNAMICS (PVT) LTD and THE DEPUTY SHERIFF, HARARE

Harare High Court · HH234-13 · 07 2013

It is crucial in this matter to begin with the opposite remarks of WESSELLS J in Whittaker v Ross & Anor1911 TPD 1092 at 1102-1103 that:- “The object of the court is to do justice between the parties. It is…

PARTSON GORERAZA versus THE STATE

Harare High Court · HH251-13 · 07 2013

The applicant approached the court with an application for Bail pending appeal against both conviction and sentence by the magistrate court.

GIFT TENDAI GOVA versus MARTHA GOVA (nee MUKWAMBO)

Harare High Court · HH240-13 · 07 2013

The plaintiff and defendant are husband and wife respectively. They married each other at Harare on 27 June 2006 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with one minor child Tafadzwa Gova, a male, born…

UNILIVER ZIMBABWE (PVT) LTD Appellant And SIMBARASHE MATSHEZA Respondent

Labour Court · LC/H/360/13 · 07 2013

This is an appeal against the Arbitrator’s ruling which awarded the Respondent a salary increase in essence varying the retrenchment package agreed to by the parties. The background to this case is as follows. The Respondent was employed by the…

RIOZIM LIMITED - Appellant And EDWARD NYATHI - Respondent

Labour Court · LC/H/280/2013 · 07 2013

The facts of this matter are briefly that the Respondent was employed as an electrical engineer. He was charged with two acts of misconduct that is 1. Habitual and substantial neglect of duty, and 2. Lack of skill The events…

PETER TARUVINGA & 37 OTHERS versus CENTRAL ESTATES (PVT) LTD and THE OFFICER IN CHARGE MVUMA

Harare High Court · HH232-13 · 07 2013

Sometime before 20 July, 2012 the applicants and the first respondent were embroiled in a Labour dispute. The dispute centred on non-payment of salaries, or wages, which were due to the applicants and unfair dismissal of employees by the first…

PATRONELLA CHARUMBIRA (in her capacity as the executrix Dative of the Estate of the late Adbern Benjamin Woodburn Charumbira) versus HUDSON MUSASA and WILFRED NKATA and ELIZABETH NKATA and REGISTRAR OF DEEDS and ASSISTANT MASTER, GUTU

Harare High Court · HH217-13 · 07 2013

On 17 December 2005 the late Adbern Benjamin Woodburn Charumbira entered into an agreement of sale with first respondent for Stand 776 Fort Victoria Township of Victoria District, Masvingo. The first respondent was the seller. The purchase price was agreed…

UNION MAKUMBE Appellant And TELECEL ZIMBABWE Respondent

Labour Court · LC/H/361/13 · 07 2013

This matter comes as both an appeal and a review. It is a review of the Respondent’s National Employment Council (Appeals Committee’s) decision to dismiss the appeal by the Appellant. The appeal is against the hearing committee’s decision that found…

MUPFURI (PVT) LTD – Appellant And PETER MAKANDA – Respondent

Labour Court · LC/H/357/2013 · 07 2013

This is an appeal against the decision of the arbitrator who upheld the now Respondent’s claim of unfair dismissal by the Appellant Company. The facts of the matter are that: The Respondent who had been in Appellant’s employ approached the…

PETER FREYMARK versus RICHARD MTANDWA

Harare High Court · HH270-13 · 07 2013

At the hearing of this matter, the issue if whether or not the respondent was barred was raised and MrNhokwara for the respondent submitted that the respondent was not barred as its heads were filed five days before the set…

R.G. WALLBRIDGE versus ENFIELD ZIMBABWE

Harare High Court · HH215-13 · 07 2013

This an application for the registration of an arbitral award as an order of this court for purposes of enforcement. The application is made in terms of s 98(14) of the Labour Act [Cap 28:01] (“the Act”) which provides as…

THE ATTORNEY GENERAL versus NADIA MAHOMED MAGIRA

Harare High Court · HH260-13 · 07 2013

The appellant filed a notice of appeal on 01 July 2013 with the Registrar of the High court. The notice revealed intention to appeal against a magistrate’s order of granting the respondent bail. The grant of appeal as given in…

NEVER GWINGWIDZA versus THE STATE

Harare High Court · HH434-13 · 07 2013

This appeal raises the question whether by remaining with possession of progeny of stray beasts such a possessor commits stock theft.

ZIMBABWE POSTS (PVT) LTD versus BROADWELL CHIGERE

Harare High Court · HH216-13 · 07 2013

This is an application for execution pending appeal. On 9 July 2013 I granted the following order:- “1. Execution of the judgment in case number HC 2583/10 pending appeal be and is hereby granted. 2. Respondent shall pay the costs…

ROBERT MAPHOSA versus THE STATE

Harare High Court · HH323-13 · 07 2013

The appeal in the matter is against the minimum mandatory sentence imposed on the appellant for illegal possession of gold in contravention of s 3 (1) as read with s 36 of the Gold Trade Act, [Cap 21:03].(“the Gold Trade…

LORRAINE MASHONGEDZA versus CONFIDENCE MUTSVANGA

Harare High Court · HH214-13 · 07 2013

The plaintiff on 28 March 2011 issued summons out of this court seeking an order of sharing of assets the parties are said to have acquired together during the subsistence of a customary law union between the parties, and costs…

GILLEN SITHOLE – Appellant And ZIMBABWE MINING DEVELOPMENT CORPORATION – Respondent

Labour Court · LC/H/352/2013 · 07 2013

This is an appeal from an arbitral award. At the onset of the proceedings counsel for the Respondent raised a point in limine that there is no appeal before this court. He submitted that an appeal to this court in…