CHIPO MARUKU versus KATT CONSTRUCTION (PVT) LTD and SIMON MUZENDA HOUSING COOPERATIVE and THE SHERIFF OF ZIMBABWE N.O

Harare High Court · HH-442-24 · 10 2024

This is an application brought by the applicant, Chipo Maruku, seeking the rescission of a default judgment granted in favour of the first respondents Katt Construction (Pvt). The judgment pertains to a stand in Stoneridge, Harare, where the applicant claims…

IAN KADZIYANIKE APPLICANT Versus HYGENIC SERVICES PRIVATE LIMITED RESPONDENT

Labour Court · LC-107-25 · 09 2024

Applicant in the matter at hand on 29 August 2024 filed with this court an application which he calls an application for condonation for late filing of reinstatement. In his founding affidavit on paragraph 3 he calls it an application…

NATIONAL PHARMACEUTICAL COMPANY (PVT) APPELLANT COMPANY And RAGUEL MHOMBENI RESPONDENT

Labour Court · LC-H-52-25 · 09 2024

This is an appeal at the instance of the appellant employer and a cross appeal at the instance of the respondent employee. Both parties are aggrieved by the labour officer’s decision in a labour dispute between them. On the hearing…

MIRIAM SAKUBANI versus LAST CHIVANDIRE and CHITUNGWIZA MUNICIPALITY

Harare High Court · HH-425-24 · 09 2024

The factual background to the claim is as follows. The appellant is the holder of rights, title and interest in an immovable property known as 34819 Unit ‘G’ Seke, Chitungwiza (the property). In December 2020, the appellant entered into an…

GERALD SIBANDA v LAWRENCE MASANGA

Harare High Court · SC-90-24 · 09 2024

This is an appeal against part of a judgment of the High Court (‘court a quo’) handed down on 13 December 2021 in HH 702/21, in which the court granted the respondent an order to evict the appellant and all…

ZIMBABWE TEACHERS’ ASSOCIATION and PROGRESSIVE TEACHERS UNION OF ZIMBABWE and AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE and EDUCATORS UNION OF ZIMBABWE and CIVIL SERVICE EMPLOYEES versus PUBLIC SERVICE COMMISSION and THE PRESIDENT, REPUBLIC OF ZIMBABWE and MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT and MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE and MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS and THE ATTORNEY-GENERAL ZIMBABWE TEACHERS’ ASSOCIATION and PROGRESSIVE TEACHERS UNION OF ZIMBABWE and AMALGAMATED RURAL TEACHERS UNION OF ZIMBABWE and EDUCATORS UNION OF ZIMBABWE and CIVIL SERVICE EMPLOYEES versus PUBLIC SERVICE COMMISSION and THE PRESIDENT, REPUBLIC OF ZIMBABWE and MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT and MINISTER OF PUBLIC SERVICE LABOUR AND SOCIAL WELFARE and MINISTER OF JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS and THE ATTORNEY-GENERAL

Harare High Court · HH-441-24 · 09 2024

The applicants seek a declaratory order in terms of s 85(1) of the Constitution as read with s 14 of the High Court Act [Chapter 7:06]. They argue that because the Constitution in s 65, entrenched the right to collective…

The delay in the hand down of this judgement is sincerely regretted. On the 24th of July, 2024 this court issued an order to the following effect; “1. Ground of appeal number 5 is struck off. 2. The appeal is dismissed with costs. 3. The judgement is to follow.” The following constitutes the reasons for the order as granted.

Labour Court · LC-H-133-25 · 09 2024

This an application for condonation for late noting of appeal and review of the decision leading to the appellant’s loss of her job with the respondent employer following disciplinary proceedings where she was accused of having engaged in conduct which…

FLORENCE SIBANDA (NEE MUGOMBA) versus THANDAZANI SIBANDA

Harare High Court · HH-434-24 · 09 2024

The factual background to this matter is that the plaintiff and the defendant have been married for 26 years from 1993 to date. In 1993 they were married in a customary union which was succeeded by a civil marriage in…

CECILIA RUTENDO MAKONYA (1) and JORDAN HAULIERS (PRIVATE) LIMITED (2) versus GODKNOWS ZIVAINASHE MAKONYA

Harare High Court · HH-437-24 · 09 2024

The first applicant is a director and shareholder in the second applicant, a registered company operating a trucking business. The first applicant is married to the respondent. However, on 2 November 2023, the respondent filed summons for divorce and other…

EARLY BIRD EDUCATIONAL CENTRE versus EARLY BIRD EDUCATIONAL CENTRE (PVT) LTD and ENERGY PARK (PRIVATE) LIMITED and GERALD SAIDI and MUNICIPALITY OF MARONDERA and THE REGISTRAR OF DEEDS N.O. and OFFICE FOR THE REGISTRATION OF COMPANIES & OTHER BUSINESS ENTITIES and THE CHIEF REGISTRAR OF COMPANIES & OTHER BUSINESS ENTITIES N.O.

Harare High Court · HH-440-24 · 09 2024

This is an urgent chamber application for an interdict pendente lite. The interim relief sought is that pending the return date of the instant matter the first, third and fifth respondents be barred from transferring either Stand 2594 Marondera Township…

THE STATE Versus MEMBER NYATHI And BRUCE NGWENYA

Bulawayo High Court · HB-120-24; HCBCR-2008-24 · 09 2024

The accused persons are charged with the crime of murder. The allegations against them are that at 7.30 pm of 30 March, 2023 and at the homestead of one Robert Maphosa, Tjewondo Village in Maphisa, Kezi, they assaulted Robert Maphosa…

THABANI LIHLE SIZIBA N.O. versus MEMORY CHADA and ZIBUSISO SAMUEL MOYO N.O. and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS

Bulawayo High Court · HB-127-24;HC CAPP-17-23 · 09 2024

[1] This is a court application for a declaratur. The applicant seeks an order couched in the following terms: i. A declaratur be and is hereby granted that the property known as Lot 5 Sunninghill of Willlsgrove measuring 8, 6321…

THEMBANI LUNGA versus RITA YVONNE SHER

Bulawayo High Court · HB129-24;HCCIVA-03-23; · 09 2024

[1] This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court. The appellant, Thembani Lunga, is a tenant at Flat 5 Sanlee Court, Bulawayo ("Flat 5"). The appellant was initially represented by a…

COLINS JAMES SMITH And JENNIFER MARY SMITH And YAKUB MAHOMED Versus GWARADZIMBA HERITAGE FOUNDATION And SHERIFF OF ZIMBABWE

Harare High Court · HH-436-24 · 09 2024

The application was placed before the court was one of stay of execution. The basis for seeking stay of execution is stated as being that the applicants have discharged the debt outstanding. A sum of United States dollars, fifty thousand…

TAKUNDA ZONGORO APPLICANT And DICOMM McCANN 1ST RESPONDENT And CHAIRPERSON RETRENCHMENT BOARD N.O. 2ND RESPONDENT

Labour Court · LC-H-12-25 · 09 2024

At the commencement of the hearing the applicant abandoned preliminary issues which he had raised. The respondent too raised a preliminary point. It was persisted with. Preliminary point [2] The preliminary issue was that the applicant approached the Court prematurely…

JOSEPH MAVHIZA versus NOMUSA MUSA MUPANDI and GOODWELL NYAKUDYA N.O In his capacity as the Executor Dative of the Estate of the Late Yvonne Mhlanga and REGISTRAR OF DEEDS N.O

Harare High Court · HH-424-24 · 09 2024

This is an application for the rescission of a judgment granted in favour of the applicant, Joseph Mavhiza, which ordered him to set down his 2005 matter within 30 days. The applicant contends that he was unaware of the judgment…

JEFFREY MUGAURI versus DOESMATTER KADIRA

Harare High Court · HH-430-24 · 09 2024

In May 2017 the Plaintiff and Defendant entered into a verbal agreement of sale where the Defendant paid the Plaintiff US$3000.00 for the delivery of a motor vehicle. The Defendant having received the US$3000.00 then failed to deliver the agreed…

JOSEPH PHIRI Versus THE STATE

Bulawayo High Court · HB-146-24;HCBCR-3884-24 · 09 2024

This is an application for bail pending appeal made in terms of section 123(1)(b)(ii) of the Criminal Procedure and Evidence Act [Chapter 9:07] The Principles underlying an application of this nature are trite viz; the likelihood of abscondment, the prospects…

SEBATA INVESTMENTS (PVT) LTD versus OLD MUTUAL LIFE ASSURANCE COMPANY ZIMBABWE LIMITED

Harare High Court · HH-426-24 · 09 2024

In considering this matter of insurance, I kept reminding myself of the words of R.H Christie, in Business law in Zimbabwe, (Juta and company Limited, 1998, 2016 edition at page 221), as follows, “ The object of insurance is to…

KUBATSIRANA MINING SYNDICATE versus M AND C ESTATE (PVT) LTD and STEDAN INVESTMENTS (PVT) LTD and THE MINISTER OF MINES MINING DEVELOPMENT and ENVIRONMENTAL MANAGEMENT AUTHORITY and THE DEPUTY SHERIFF OF THE HIGH COURT OF ZIMBABWE

Harare High Court · HH-428-24 · 09 2024

This is an urgent chamber application for stay of execution, declaratory order and consequential relief made in terms of r 60 of the High Court Rules 2021 as read with s 14 of the High Court Act.