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On 8 December 2022, the High Court, sitting at Harare, dismissed an urgent chamber application for an order of a stay of execution mounted by the applicants in response to an advert for the sale in execution of immovable properties at the instance of the first respondent herein. In determining the matter, the High Court held that the application for an order of a stay of execution of the properties was ill-fated due to the fact that the premise upon which the applicants sought reliance was not in their favour. More
Plaintiff (“Addax”) is a peregrine registered in Geneva, Switzerland. It procures petroleum fuels from the United Arab Emirates, India and Russia to supply the Zimbabwean market. Defendant is a local fuel monger and recipient of fuel from Addax. More
The appellant was charged and convicted of the following acts of misconduct under S.I.15 of 2006 of the National Employment Code of Conduct which reads;
“5.1. S4 (a) any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract.
5.2. (f) gross incompetency or inefficiency in the performance of his or her work.
A penalty of dismissal was imposed thereafter. His appeal to the Appeals Officer was dismissed hence the present appeal. More
The plaintiff caused a Summons to be issued out of this Court claiming cancellation of a lease agreement of a 20-tonne Roundebult Excavator, payment of USD51 450.00 being arrear rentals, holding over damages calculated at the rate of USD 250.00 per week with effect from the 16th of October 2022, interest at the prescribed rate from the date of Summons to the date of full and final payments and costs of suit on a higher scale. The defendant defended all the claims. More
In this urgent court application for a declaratory order, the applicant seeks the following order:
“IT IS ORDERED AS FOLLOWS:
1. It be and is hereby declared that:
a. The applicant having sold its product FCA EX- works the “gross fair market value” for purposes of s 37(9) of the Finance Act [Chapter 23:04] is the face value of the invoice or price the mineral was sold at the place of such sale, namely in Zimbabwe.
b. The exclusion of the cost of freight by reason of the terms of sale was not a deduction made by the applicant, neither... More
The applicants and 1st respondent entered into a sale agreement on 8 April 2015 wherein the 1st respondent sold the property in question. The applicants in turn sold the property to one Sinikiwe Charambeni. In November 2019 the 1st respondent issued summons seeking the cancellation of the sale agreement between him and the applicants on allegations that the applicants had breached the agreement. The 1st respondent subsequently obtained a default order under HC 2611/19 which order cancelled the Agreement of Sale. The applicants became aware of this development after Charambeni advised them of her eviction from the property. The applicants... More
This is an application for the setting aside of a deed of settlement that was executed by the applicant and respondent in order to solve their labour dispute. The deed of settlement was duly signed by the two parties on 9 May 2016. The application is opposed by the respondent. More
