Court Judgements




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THOMAS MOYO VERSUS CARRY ON SIBANDA AND ELLEN SIBANDA AND MR T MUCHEMWA N.O (ADDITIONAL ASSISTANT MASTER OF THE HIGH COURT) AND MS M MUTSHINA N.O (ADDITIONAL ASSISTANT MASTER) (2020-02-13)
This is an application for condonation of late filing of an application for review. The salient background is that the 1st respondent is the eldest son of the late Josiah Makore and Ellen Sibanda (the 2nd respondent herein). The 2nd respondent was customarily married to the late Josiah Makore who passed on on 15 November 2000. On 11 October 2015 the 2nd respondent registered the estate of the late Josiah Makore with the Additional Assistant Master of the High Court under DRBY 648/15. The 1st respondent was subsequently appointed the Executor Dative of the estate of the late Josiah Makore... More

THUTHUKA MATOBO MINING CO-OP LIMITED VERSUS TEDDY GUMBI AND MICHEAL CHRISTOPHER STONE AND AKENAKA MINERAL SOLUTIONS (PVT) LTD (2020-08-06)
On 12 May 2020, the applicant filed this court application seeking an order to set aside a consent order granted on 12 February 2020. It prayed that the consent order handed down at Bulawayo on the 12 February 2020 under case number HC 320/2020 be set-aside; the interim relief prayed for by respondents in case number HC 320/2020 be and is hereby granted in lieu of the consent order; applicants be and hereby ordered to file their notice of opposition within 10 days of this order and that there be no order as to costs. More

TICHAONA TASIYANA V SHINGIRAYI SHARARA (2020-10-21)
This is an application for condonation of the late noting of an appeal. It does not state the rule of this Court in terms of which it is made, a situation not helped by the failure in both the body of the application and the draft order sought, to advert to the need to extend the time within which to appeal. It is common cause that the time within which to appeal lapsed long back. More

TICHAONA BEKINOSI APPLICANT AND TELONE (PVT) LTD (2020-12-04)
This is an application for review based on the following grounds:- 1. The Respondent without following due process of law withheld applicant’s salary from October 2019 when he was not sitting on a suspension without pay, court order or termination of employment. 2. The decision of the Respondent to dismiss applicant whilst he was sick and bed ridden was unprocedural and violates the principle of natural justice and constitutes a serious procedural impropriety which violates principles of natural justice particularly the audialterampartem principle. 3. The Respondent committed gross procedural irregularities by convicting and dismissing applicant against the medical report advising... More

TICHAONA CHINOSENGWA VERSUS BHERI MAWERE AND GARIKAI NGOMA AND MINISTER OF MINES & MINING DEVELOPMENT (N.O) AND OFFICER COMMANDING, KWEKWE DISTRICT (N.O) (2020-07-30)
This is an urgent application. At the commencement of the hearing I informed the legal practitioners for the parties that I would first hear argument on the preliminary points raised by the 2nd respondent. After hearing argument on the preliminary points I reserved judgment. This is the judgment on the preliminary points raised by the 2nd respondent. More

TICHAONA DANIEL APPLICANT VERSUS HIGHTIDE SECURITY 1ST RESPONDENT ALLEN NANI N.O 2ND RESPONDENT (2020-07-03)
This is an application for review brought by a losing employee in a matter that was before a Labour officer in terms of section 93 (5a) and (5b) of the Labour Act Chapter 28:01 (the Act). The application is in terms of section 92EE (C) of the Act as amended by Act No.5 of 2015. Section 92EE (C) says that one of the grounds for review before the Labour Court is“gross irregularity in the proceedings or the decision of the arbitrator or adjudicating authority concerned.” More

TILFURY ZIMBABWE (PVT) LTD AND FUNGAI BANGIDZA VERSUS DAMOFALLS INVESTMENTS (PVT) LTD AND MINISTER OF MINES & MINING DEVELOPMENT (N.O.) (2020-05-21)
The applicants approached this court by urgent chamber application filed on 18 June 2018 seeking urgent interim relief in the form of a temporary interdict couched as follows: More


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