Court Judgements




DOUGLAS NYANDORO - APPELLANT AND MBADA DIAMONDS (PVT) LTD. - RESPONDENT (2016-03-18)
This is an appeal against a determination by the Appeals Authority handed down on 11th June 2014 which determination upheld or earlier decision by the respondent’s Disciplinary Committee to dismiss the appellant from employment with effect from the 11th of June 2014. The material background facts to the matter are as follows; The appellant was employed by the respondent. At the material time of the commission of the misconduct he was engaged as a supervisor in the Sorting Section. On the 20th of May 2014 the appellant was deployed on the main plant sorthouse. He was supervising a group of... More

DOUGLAS SIBANDA VERSUS THE STATE (2022-06-23)
1. This is a chamber application for condonation and extension of time within which to note an appeal against the decision of the Magistrates’ Court. This application was placed before me and I dismissed it. The applicanthas written to the registrar requesting written reasons for that decision. More

DOUGLAS TAPFUMA VERSUS THE STATE (2021-05-20)
This is an appeal against both conviction and sentence pursuant to the Magistrates Court convicting the appellant of 3 counts of criminal abuse of duty as a public officer as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Code”). He was sentenced to 2 years imprisonment on each count. Of the total 6 years imprisonment 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour. The eight motor vehicles which are the subject of the offence were fortified to the State. More

DOVES FUNERAL ASSURANCE (PRIVATE) LIMITED V (1) HARARE MOTORWAY (PRIVATE) LIMITED (2) AFRICAN BANKING CORPORATION LIMITED (3) BLUE STAR LOGISTICS (PRIVATE) LIMITED (4) THE SHERIFF OF ZIMBABWE (5) THE REGISTRAR OF DEEDS (2023-05-31)
The facts relevant for the determination of this matter are that the applicant, after being aggrieved by the decision of the High Court (the courta quo), duly filed a notice of appeal to this Court on 19 October 2022 under case number SC 529/22. In its notice of appeal, the applicant tendered security for the respondents’ costs of appeal ‘in an amount agreed between the parties failing such agreement in an amount determined by the registrar’.The tender was made as a requirement under r55 (2) of theRules. Pursuant to the tender and on 26 October 2022, the applicant’s legal practitioner... More

DOVES FUNERAL ASSURANCE (PRIVATE) LIMITED VERSUS ZIMBABWE PLATINUM MINE (PRIVATE) LIMITED (2017-02-15)
Application for absolution from the instance: The defendant, Zimbabwe Platinum Mine (Private) Limited (hereinafter referred to as Zimplats), seeks absolution from the instance in a claim in which the plaintiff, Doves Funeral Assurance (Private) Limited, (hereinafter referred to as Doves), sued for the following: i) A declaratory order that the purported unilateral rescission of the agreement between the parties by the defendant on the 7th of October 2013 be declared to be unlawful. More

DOVES FUNERAL ASSURANCE (PVT) LTD APPELLANT VERSUS ALBERT MUKOZHO RESPONDENT (2021-03-26)
This is an appeal against the award by honourable arbitrator Gurupira handed down on 27 October 2014.The Claimant was employed by the respondent as a General Manager Administration and statistics. He was employed from June 2006 to June 2013 when his contract was terminated. The arbitrator noted that there was no contract but from the payslip, he noted that he was entitled to a basic salary, club/gym allowance and a car benefit, and a 10% commission as per a memo communicated on 20 December 2010. A fuel allowance was also due and there was evidence that it had been cut... More

DOVES FUNERAL SERVICES (PRIVATE) LIMITED VERSUS ALEXIO MAVHEMWA AND THE SHERIFF (N.O) (2017-10-31)
The first respondent is a former employee of the applicant. On 12 February 2016 he obtained an arbitral award against his former employer, the applicant. On 4 July 2017 the first respondent had the arbitral award registered as an order of this court under case number HC 1753/16. On 16 October 2017 he had a writ of execution issued by the registrar of this court and this resulted in the Sheriff attaching the applicant’s movable property on 18 October 2017. The property was due for removal on 23 October 2017. More


Midlands State University Library