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FREDSON MABHENA VERSUS ADONIS CHIPWANYIRA AND COLLET MADZVAMUSE AND CM MINING SYNDICATE (2024-04-05)
The parties to this action are Fredson Mabhena as plaintiff. He is described as a male adult whose address is given as that of his legal practitioners. Such description of the plaintiff does not accord with r 13(a) of the High Court Rules which states inter alia that the declaration “…shall state truly and concisely –
(a) the name and description of the party suing and his or her place of residence or place of business.”
Subrule 1 (c) provides that the same declaration “… shall state truly and concisely –
(c) the name of the defendant and his or... More
This is an appeal against the decision of the respondent employer’s internal appeals committee which upheld the appellant employee’s guilty verdict and dismissal penalty following charges of conduct inconsistent with his employment. More
On 8 September 2012 Plaintiff and Defendant married each other at Masvingo Sports Club. The marriage was blessed with two children Nathan Magaya, born on 5 July 2014 and Sean Magaya, born on 22 October 2016. On 2 November 2020, Plaintiff issued out summons claiming a decree of divorce and ancillary relief. More
This is an application for condonation of the late filing of a Notice of Appeal. It is which cause that the Applicant didn’t file an affidavit but his legal practitioner did this on his behalf. The first issues raised by Respondent’s counsel is that the legal practitioner, who de… to the Founding Affidavit could not appear on behalf of the Applicant as he assured the complexion of a witness. Mr Chipere attempted to play down the issue. However, it is quite clear that Mr Chipere having sworn to the Founding Affidavit would not proceed to appear on behalf of the... More
On 15 July 2021 this court under Case No. HC 369/20 delivered a judgment by consent obliging the plaintiff to vacate a piece of land identified as subdivision 3 of Cambria farm situate in Masvingo upon the expiration of 6 months’ notice commencing the date of the issuance of the consent order. In return, the defendant was required to compensate the plaintiff for the value of the improvements effected on that property which value was to be determined by Great Zimbabwe Realtors. The evaluation was done and the value of the improvements was given as $30 500. Of that amount... More
Applicant filed this application seeking a declaratur to the effect that:
1. The Deed of Settlement entered into between the applicant and respondent on 2 October 2018 and filed with the Supreme Court of Zimbabwe be and is hereby declared the only binding deed of settlement between the parties.
2. Consequently, the Deed of Settlement produced by the respondent dated 18 August 2020 be and is hereby declared not a valid document and is set aside.
3. Applicants’ debt arising from the judgment HH 689/16 and the proceedings under SC 273/17 was discharged by the payment of the sum of... More
Applicant filed an application for condonation of the failure to file an appeal timeously under case number LC/H/157/23. On 13 June 2022, after hearing the parties, the Court proceeded to render an Ex Tempore Judgment on the same date dismissing the application. The Applicant proceeded to file an application for leave to appeal under Case Number LC/H/531/23. This matter was set down for hearing on 27 September 2023. However, Applicant was not in attendance. The application was struck off the off the roll. It is pertinent to note that after the judgment of 13 June 2022, Applicant’s representative requested for... More
