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The applicant, Citizens for Coalition Change, a political party (“the party”) claims that it was in peaceful and undisturbed possession or occupation of its offices which are situated at Stand 41, Fort Street, Between 2nd and 3rd Avenue, in Bulawayo (“the property”). Its statement is that on or about 30 January, 2024 the respondent, one Nelson Chamisa (“Chamisa”) forcibly took control, occupation and possession of its property. He did so, it insists, through his agents, assignees, proxies and/or employees (“his alleged team”). These, it avers, proceeded to paint the property and its precast wall in blue and black colours. They,... More
We heard the above appeal on 19 September 2023 and granted it on the following terms:
1. The appeal succeeds with costs.
2. The order of the court a quo be and is hereby set aside and is substituted with the following order:
a. That the plaintiff’s claim for eviction is hereby upheld
b. That the defendant and all those claiming occupation through him are hereby ordered to give vacant possession to plaintiff, failing which they are to be evicted from Shop Number 16, Samora Machel Parkade, Harare, being plaintiff’s premises. More
This is an application in terms of s 4(1) of Administrative Justice Act [Chapter 10:28] which seeks to set aside the decision of the first respondent to repossess applicant’s stand and sell it to second and third respondents. The brief facts giving rise to this application are that in March 2007 applicant accepted an offer from first respondent for the purchase of stand number 7403 Manyame Park. A lease agreement was executed between these two parties. In 2022 after visiting first respondent’s office applicant learnt that the lease agreement had been cancelled and his stand repossessed from him in 2019.... More
On 5 August 2022, the plaintiff issued summons against the defendant claiming the total amount of one hundred thousand United States dollars being fifty thousand United States dollars for adultery damages and another fifty thousand United States dollars for loss of consortium and companionship. This was later amended following the defendant’s plea to fifty thousand United States dollars for loss of consortium and conjugal rights and fifty thousand United States dollars for contumelia. More
This is an application in terms of section 14 of the High Court Act, Chapter 7:06 seeking a declaratory order in the following terms;
“1. The application is hereby granted.
2. It is hereby declared that the partnership agreement entered into by and between the parties authorizing applicant and 2nd respondent to use 1st respondent’s
company credentials is valid and binding.
3. 1st respondent shall pay costs of suit at the legal practitioner and client scale.” More
This is an appeal against the determination, handed down in terms of Section 63 (3a) of the Labour Act [Cap 28:01] (hereafter referred to as the Act) by the Designated Agent of the National Employment Council for the Mining Industry, Mr V. Tasiyana. The determination was handed down on 14 March 2022. More
This is an application for leave to appeal this court’s decision to the supreme court.
The intended appeal seeks to challenge a finding of this court to the effect that the meeting held by the applicant was not valid for failure to comply with statutory provisions of the Rural District Councils Act [chapter 29:13]. The applicant seeks to argue, among other issues that it was the respondent who had called the meeting a special council meeting in terms of Section 46 (4) of the Rural District Councils Act when the meeting was in fact not a special council meeting as... More
