Midlands State University Library

Court Judgements

Supreme Court Judgements

(1) S. J. W. (IN HIS CAPACITY AS LEGAL GUARDIAN OF MINOR CHILD R. S. W) (2) H. C. W. (IN HER CAPACITY AS LEGAL GUARDIAN OF MINOR CHILD C. R. H. M) V (1) LOUISE MORRISBY (2) CARL STUART LAPHAM (3) ST. CHRISTOPHERS SCHOOL (4) TRUSTEES FOR THE TIME BEING OF ST. CHRISTOPHERS SCHOOL TRUST (5) BOARD OF GOVERNORS OF ST. CHRISTOPHERS SCHOOL (2023-03-23)

The appellants are the guardians of the minor children R. S. W. and C. R. H. M. respectively. In this judgment R. S. W. and C. R. H. M. are jointly referred to as “the children”. Pitted against the appellants are the third respondent, a trust school registered as a non-governmental school in terms of the Education Act [Chapter 25:04] [the “Education Act”], the first respondent who is the headmistress of the school and the second respondent who is the deputy headmaster. The fourth and fifth respondents are the trustees for the time being for the St. Christophers School Trust... More

(1) TRIANGLE(PRIVATE)LIMITED V (1) FUNGAIGEORGEMUTASA(NO) (2) A.BMORAR (3) A.JBOSCH (4) E.ESTON (5) E. GAVAZA (6) A.J. VAN RENSBURG (7) R.T KARIDZA (8) L. MABIKA (9) D.I. MANCLINTOSH (10) I. MIDDLETON (11) MUSHORIWA (2021-06-24)

[1] This is an appeal against the judgment of the Labour Court confirming with an amendment a ruling by a labour officer that the appellant was guilty of an unfair labour practice and that the appellant pays to each of the respondents arrear compensation due to them for the period March 2011 to September 2015.The appellant seeks an order setting aside the confirmation and, in its place, another order dismissing the application for confirmation with no order as to costs. More

(1) TUNGAMIRAI MADZOKERE (2) YVONE MUSARURWA (3) LAST MAENGAHAMA (4) PHINEAS NHATARIKWA V THE STATE (2021-06-04)

MAKARAU JA: This is an appeal against the judgment of the High Court sitting at Harare, handed down on12 December 2016. In the judgment, the court a quo found the first three appellants guilty of murder and the fourth appellant guilty as an accessory after the fact, of public violence. The first three appellants were sentenced each to 20 years imprisonment. The fourth appellant was sentenced to a fine of $500-00 or in default, threemonths’ imprisonment with a furtherthree years imprisonment suspended on conditions. More

(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 (2020-07-17)

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 dismissed with no order as to costs. More

(1) BDO ZIMBABWE CHARTERED ACCOUNTANTS V ROBIN VELA AND (2) THE AUDITOR GENERAL OF ZIMBABWE V ROBIN VELA AND BDO ZIMBABWE CHARTERED ACCOUNTANTS (2022-06-10)

This judgment involves two consolidated appeals from the High Court (the court a quo) being case numbers SC 258/20 and SC 285/20. The court issued a consolidation order dated 29 March 2021 by consent of the parties. Both appeals are based on the same record of proceedings and issues in the court a quo under Case No. HC 6503/19. It was therefore convenient to consolidate the two appeals because the matter was determined by the same judge a quo on the same facts and issues. The two appeals arise from the same judgement. Each appellant lodged its own appeal against... More