Court Judgements
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On 28 May 2021, plaintiff caused the issuance of summons against first and second defendants claiming:
(a) revocation of a donation he made in their favour in respect of a piece of land called the Remainder of Lot 135 Athlone Township of Green Grove situate in the district of Salisbury and held under Deed of Transfer 320/2000 also known as 10 Hopley Avenue Athlone, Greendale, Harare (the property).
(b) that third defendant be ordered to register the property in the plaintiff’s name.
(c) that third defendant be ordered not to allow the sale of the property by first and second... More
The plaintiff and the first defendant were partners in a computer software business. The two successfully tendered to supply the National Social Security Authority (NSSA) with some computer software that NSSA required for its operations. The first defendant did not possess the requisite skills and expertise to secure the contract and so it roped in the plaintiff to complement its capabilities and chances of securing the contract. The plaintiff and the first defendant entered into a revenue sharing agreement in anticipation of the payment of the fees for the services to be rendered to NSSA. The plaintiff contends that the... More
This is an appeal against sentence imposed following the conviction of the appellant on charges of stock-theft as defined in S 114 of the Criminal Law (Codification moreover, Reform) Act [Chapter 9:23]. The appeal pertains to three records which were tried separately. These are CRB GT 96/17, CRB GT 592/1, and CRB GT 604/17. The first two records have already been considered by this court in the exercise of its review powers following the referral of the records in terms of s 57 of the Magistrate Court Act. This Court is
not going to interfere with the review decision made... More
The applicant is the owner of a property called Shop No. 1, 32 Julius Nyerere Way, Harare. It leased the property to the respondent by written lease agreement executed on 17 January 2018 due for termination on 31 March 2018. Upon the expiry of the lease agreement, the applicant sought the eviction of the respondent and an order to confirm the cancellation of the agreement. The applicant also pleaded that it required the leased premises for its own use. More
At the close of the case for Plaintiff, the 1st Defendant launched an application for absolution from the instance. The application is opposed by the Plaintiff. The Plaintiff issued Summons against the 1st Defendant and others seeking a declaration that 4 Agreements of Sale he entered into with the 1st Defendant in respect of 4 pieces of land situate in the District of Salisbury on 21 April 2016 are valid, legally binding, and enforceable. The 1st Defendant resisted the claim and to that end filed a Plea and a Counter-claim. It later withdrew the counterclaim at the commencement of the... More
The background to the matter is that the employee filed with the court an application for condonation of late filing of a review application in a labour dispute pitting the employee and the employer. On the date of the hearing of the condonation application the employer took 3 points in limine to the effect that the employee had attached an irregular draft notice of review since it was unsigned that the employee had prayed for irregular relief by not praying for an alternative of damages in place of reinstatement and finally that the employee’s matter had prescribed as it was... More
The applicant is seeking an interdict against the first and second respondents in respect of Stands 8112, and 8114 Warren Park Township of Warren Park, Harare. It wants the two respondents to be ordered to cease any construction operations, remove all construction equipment and not to interfere with its operations on these stands pending the finalisation of the legal proceedings in HCH 7008/23. More
