Court Judgements
This is an application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“The Constitution”) as read with r 21 (2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). In the event that such leave is granted, the applicant intends to bring an application before the Court in terms of s 85 of the Constitution seeking an order to the effect that the definition of a “marriage” provided in s 2 of the Matrimonial Causes Act [Chapter 5:13] (“the... More
On 30 November 2018, Plaintiff and 1st Defendant entered into a verbal agreement. Under that agreement, Plaintiff paid an amount of US$87,000.00 in return for the delivery of a motor vehicle, a Toyota Land Cruiser Prado VX Chassis Number JJEBH3FJ4OK20718. [the motor vehicle]. The motor vehicle described above was imported into Zimbabwe from South Africa by the 1st Defendant. In or around June 2021, the aforesaid motor vehicle was seized from Plaintiff by the Zimbabwe Revenue Authority [ZIMRA] on the basis that its importation into Zimbabwe had been done fraudulently. The Defendants were duly notified of that development. Despite making... More
On 20 November 2009, Zimbabwe Allied Banking Group Ltd issued summons out of this court seeking an order of specific performance alternatively damages. It was served by the plaintiff’s legal practitioners Mawere and Sibanda on the defendant’s legal practitioners, Madziwanzira, Gama and Associates on 3 December 2009. Appearance was filed on 8 December 2009. On 7 January the defendant requested for further particulars, which were supplied on 12 January 2010. Further and better particulars requested on 29 January were furnished on 3 February 2010. More
This matter was set down as an application for leave to appeal to the Supreme Court. On the hearing date the applicant applied that the bar operating against it vis filing of Heads of Arguments be uplifted. Respondent objected to the upliftment of the bar and moved the court to rule that the applicant is barred for want of filing heads of argument on time. This judgment therefore concerns itself with the point in limine vis the upliftment of the bar only. More
This is an application for leave to appeal against the decision of this court that was handed down on the 31st May 2019. This court in its judgment found that the Applicant had erred by applying SI 15/2006 when there were regulations that were provided for it to apply in conducting disciplinary proceedings. More
This is an application for leave to appeal to the Supreme Court in a matter where this court upheld the point in limine which was raised by the respondent employees against the appellant employer. The point was basically to do with the fact that the appellant employer had appealed to the Labour Court before seeking leave to have the arbitral award which it was appealing against stayed/suspended pending the hearing of the appeal. More
This is an application in terms of section 92 C of the Labour Act [Chapter 28:01]. It is an application to have the judgment of the court corrected as it is alleged that there is an error in the final order of the court. Mr Ndudzo for the applicant submitted that whilst the order of the court may be sound it is the implication in the interpretation of paragraph (c) thereof that is problematic. Mr Ndudzo further stated that a reading of the order would entitle respondents to benefits which were not extant at the time of their appointments. It... More
