THE STATE versus HARMONY KAMBASHA and MALCOM KAMBASHA

Harare High Court · HH198-13 · 06 2013

Both accused were initially charged with murder but were convicted on their own pleas of guilty to the lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap. 9:23].

MARGARET MARUME versus GUTU PROPERTIES LIMITED and PEARSON MZILIKAZI and YVONNE MZILIKAZI and THE REGISTRAR OF DEEDS

Harare High Court · HH197-13 · 06 2013

On 9 April 2010 the plaintiff issued summons against the defendants for the following relief: “(i) That the purported agreement of sale entered into by and between plaintiff and first defendant be and is hereby declared null and void and…

AMBROSE CHINYOKA and JACOB MOSES CHAVUNGAMA and PETER CHAMUNORWA MAVUDZI and RICHARD RUZVIDZO versus AGRIPPA G. SORA (in his capacity as Headmaster, Prince Edward School) and C. MUSADAIDZWA (in her capacity as District Education Officer, Mbare/Hatfield District) and E.SHUMBA (in his capacity as Acting Provincial Education Director, Harare Metropolitan Province) and DAVID COLTART (in his capacity as Minister of Education, Sport, Arts and Culture) and THE PUBLIC SERVICE COMMISSION

Harare High Court · HH195-13 · 06 2013

The 4 applicants are secondary school teachers who, until recently, have been employed as such at Prince Edward School in Harare. The first applicant joined that school on 1 January 2008 as a mathematics teacher, the second applicant joined on…

SHAWN TSHUMA versus THE MINISTER OF HOME AFFAIRS and COMMISSIONER-GENERAL OF POLICE and OFFICER MOYO and OFFICER CHIMHOU and OFFICER TENDAI

Harare High Court · HH194-13 · 06 2013

n this action the plaintiff makes the following claim:- “(a)Payment in the sum of US$4500-00 (Four Thousand and Five hundred United States Dollars Only) being damages for shock, pain and suffering, unlawful arrest and detention of the plaintiff perpetrated by…

MUDYIWA ELISHA NDEWERE versus DEBRA KUNYEDA and BRIAN SEDZE

Harare High Court · HH193-13 · 06 2013

The plaintiff is the owner of house number 10 Capri Road, Highlands Harare (“the premises”) which he let out to the first defendant by written lease agreement signed on 15 October 2008 through the agency of Vercham Real Estate. The…

OBRIAN CHIVERO APPELLANT AND MINISTRY OF HOME AFFAIRS RESPONDENT

Labour Court · LC/H/319/13 · 06 2013

This is an appeal against the decision of the respondent’s disciplinary committee to dismiss appellant from employment. The appellant was charged with: (i) Improper performance of duty and (ii) Dishonesty, including falsifying of documents. It was alleged that the appellant…

LOICE CHIPFUMBU APPELLANT And WINDMILL (PVT) LTD RESPONDENT

Labour Court · LC/H/292/2013 · 06 2013

This is an appeal against the respondent’s decision, dismissing appellant from employment on a charge of fraud. The brief facts are that appellant was employed by the respondent as a loss control assistant. Her duties involved minimising the exposure of…

JUDAH NYAKONDA - Appellant And GREIF ZIMBABWE - Respondent

Labour Court · LC/H/271/13 · 06 2013

The Appellant was employed by the Respondent as Maintenance Clerk. He was arraigned before a disciplinary authority on 29th of January, 2008 facing two offences under the relevant Code viz. Offence 4: Refusing duty or legitimate order (means deliberate failure…

DANANAI ZINDENGA versus THE STATE

Harare High Court · HH196-13 · 06 2013

: The accused is charged with murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He is alleged to have intentionally and unlawfully assaulted and killed his girlfriend on 19 June 2009 following…

Z.F.C. LIMITED Appellant And DAMSON DECEMBER Respondent

Labour Court · LC/H/289/13 · 06 2013

This is an appeal against the National Employment Council for the Chemicals and Fertilizers Manufacturing Industry’s determination reinstating the Respondent in the Appellant’s employ. The Respondent was employed by the Appellant company as a truck packer. The circumstances leading to…

CITY OF HARARE APPELLANT And OBERT SITHOLE RESPONDENT

Labour Court · LC/H/260/13 · 06 2013

This is an appeal against an award by an arbitrator sitting at Harare. The facts of the matter are largely common cause. These are they. The respondent was employed by the appellant. Disciplinary proceedings were conducted against him. He was…

EMILIA CHINOUNDA versus THE STATE

Harare High Court · HH218-13 · 06 2013

This appeal concerns a mother who hid her young daughter’s friend from her parents who had been frantically searching for her everywhere. The two young friends had left the complainant’s residence and went to the appellant’s residence. Although she was…

THE STATE versus KEITH MAGIRAZI

Harare High Court · HH209-13 · 06 2013

The above matter was referred for review with the following comments: “The record of proceedings was placed for review before the regional magistrate who noted that the trial magistrate had imposed two sentences which was said to be improper in…

FORBES NYEMBA - APPELLANT AND CITY OF HARARE- RESPONDENT

Labour Court · LC/H/262/13 · 06 2013

This is an appeal against the determination of an arbitrator. Arbitrator was to determine: (i) Whether or not the employee was brought before a medical board. (ii) Whether or not the case is now prescribed. The arbitrator made factual findings…

EFRON BANDA Appellant And SHAMVA GOLD MINE Respondent

Labour Court · LC/H/252/2013 · 06 2013

At the conclusion of the hearing of this appeal I dismissed the appeal in its entirety with costs and indicated that the reasons will follow. These are they:- This is an appeal against the Appeal‘s Committee’s decision which upheld the…

MARANGE RESOURCES (PRIVATE) LIMITED versus CORE MINING AND MINERALS (PRIVATE) LIMITED (IN LIQUIDATION) and MOSES CHINHENGO, (RETIRED JUDGE) N.O and PRESIDENT OF THE LAW SOCIETY OF ZIMBABWE N.O and ATTORNEY GENERAL OF ZIMBABWE N.O

Harare High Court · HH187-13 · 06 2013

This is an urgent application for an Interim Interdict against thefirst, second and third respondents to stop them from constituting an arbitral panel and proceeding with arbitration proceedings. The applicant sought a provisional order in the following terms.

PARKS AND WILDLIFE MANAGEMENT - Applicant And AMOS ERNEST PASINAWAKO - Respondent

Labour Court · LC/H/288/2013 · 06 2013

This is an application for leave to appeal to the Supreme Court by Parks and Wildlife Management (Applicant). The background of this matter which resulted in this application is that:- • On the 10th December, 2012 Applicant (then Appellant) filed…

FRANCIS MASHONGANYIKA versus WEDZERA PETROLIUM (PRIVATE) LIMITED

Harare High Court · HH191-13 · 06 2013

MAFUSIRE J:The plaintiff was a nephew of one Eric Nhodza (hereafter referred to as “Nhodza”). Nhodza was at all material times the defendant’s major shareholder. The evidence established is that the plaintiff and Nhodza were very close.

CECIL MADONDO (In his Capacity as Executor Dative in the Estate of the late EXISTO FRANCIS HAPAGUTI DR 401/09) versus STELLA HAPAGUTI and THE MASTER OF THE HIGH COURT

Harare High Court · HH188-13 · 06 2013

This is an opposed interlocutory application for the upliftment of bar and condonation. After reading the papers filed of record I was convinced that this interlocutory application could have been resolved between the parties through simple engagement without unnecessary detaining…

THE STATE versus CASPER MANYANJA

Harare High Court · HH185-13 · 06 2013

The accused stands convicted on his own plea of guilty to a charge of culpable homicide committed under the most disturbing bizarre circumstances. The brief undisputed facts are thatsometime in 2009 the deceased rapedand infected the accused’s wife with the…