Court Judgements
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The 3 applicants were convicted of murder with actual intent and sentenced to the minimum mandatory sentence of 20 years imprisonment for the murder of a police officer inspector Petros Mutedza who was on duty at Glenview 3 Shopping Centre on 29 May 2011. The minimum mandatory sentence was imposed in terms of s 47 of the Criminal Law codification and Reform Act [Chapter 9:23] as amended. More
The present matter is made up of an application and a counter application. In the main application, the applicant is the University of Zimbabwe and the respondent is the now deceased Sherla Greenland. In the counter application Sherla Greenland is the applicant. More
The respondent was an employee of the appellant and she resigned by giving 7 days’ notice instead of the requisite 3 months’ notice as per s 12 (4) (a) of the Labour Act [Chapter 28:01]. She proceeded to do a handover takeover procedure. The employer then demanded payment of $1 402-25 being amount due to it in lieu of the 3 months’ notice which respondent failed to serve. The respondent admitted liability by way of an email which appears on record as exh 5, she again reiterated her willingness to pay in another email dated 10 June 2014 which stands... More
The plaintiff issued summons claiming the following.
“(i) payment of the sum of US$119 300-00 being the remaining balance of the agreed purchase price for one x 20 Tonne Hyundai Excavator, sold and delivered by the plaintiff to the defendant, at its specific instance and request.
(ii) Interest at the prescribed rate calculated from the date of delivery being 19th of June 2014 to the date of full payment.
(iii) Costs of suit on a legal practitioner and client scale.” More
This is an application for stay of execution following the granting of a default judgment against the applicant in case number HC9990/14 which relates to interpleader proceedings. More
The applicants raised certain claims against their employer which is the respondent in casu. They claimed payment of the following allowances: medical, housing, utilities, shift and underground, cafeteria, production bonuses and food hampers. They took their case to arbitration. The learned arbitrator heard submissions from the applicants and the respondent which the applicants cited as Freda Rebecca Gold Mine. He entered judgment for the applicants. The arbitral award as quantified came to a staggering figure of $1 494 450.64. More
The principle which the court laid in Smith v Hughes, RL6 QBD 597 te 607 holds true today just as it did at the time that it was pronounced. It neatly fits into the circumstances of this application. It reads:
“If, whatever a man’s real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would equally be bound as if he had intended to agree to... More
