The firm has a proud record in assisting clients in complex commercial transactions and litigation which has been reported in the Zimbabwe Law Reports. The publication is prepared by the Legal Resources Foundation, a non-profit making organisation. The editorial board consists of senior legal practitioners and Judges of the Superior Courts in Zimbabwe. Some of the reported cases handled by the team, selected on account of the novel legal principles discussed as well as the public interest in such cases include:
Tawanda Nyambirai personally challenged the provisions allowing for compulsory acquisition of property by way of the National Social Security Pension Scheme. While he ultimately lost the matter, the case is iconic as it gave the Supreme Court an opportunity to develop the law on pension schemes and their relationship with property rights. It has been quoted in many cases subsequent to it in Zimbabwe and in South Africa.
A case in which the court developed the principle of anticipatory breach and its effect on the rights of the parties. The Firm went on to represent the Appellant at arbitration and successfully argued for the case of the Respondent to be dismissed.
The firm was instrumental in the recovery of abducted activist Jestina Mukoko—who was held incommunicado and tortured for nearly a month in 2008. The firm subsequently handled a string of related legal cases that followed, including securing a stay of prosecution for Ms Mukoko and suing her abductors for damages in their personal capacity.
A case in which a local bank was sued for damages arising out of what the Plaintiff claimed were losses it suffered after its bank account was frozen. Our Taona Wayne Nyamakura defended the case on behalf of the bank and the damages claim was dismissed with costs.
A case which involved a business transaction in which TN Asset Management, our client, bought shares in a listed company for value from a seller who had received the shares in the form of pledged security for a loan. The initial owners of the shares, the Applicants in the matter above, sought a declaratur that the sale of the shares to our client “constituted unlawful parate executie”, that the securities transfer form executed by the forth applicant in respect of shares held by it was invalid by reason that the certificate was defective and that ownership of the shares did not lawfully pass to the second respondent.
The applicants also sought the return of the shares to them among other relief. In dismissing the application and finding in favour of our client, the court confirmed that the doctrine of parate executie is part of our law and that a person who takes transfer of pledged instruments in good faith and for value receives title to those rights free from any defences. The case was a classic in its restatement of our law of securities as derived from our common law.
In the field of Individual and Collective Employment Law, our team has defended employers in disputes with employees and organisations which represent them with a proven track record of excellence. For example, after the aftermath of the Labour Amendment Act, 2015, many employers have been compelled to settle bills for claims for damages in the millions, yet all the clients we represent have successfully resisted the claims.
The firm has advised listed companies in transactions concerning take overs, reverse take overs, mergers and demergers. Most recently the firm handled a complex rights offer specifically meant to address the liquidity challenges currently bedeviling the Zimbabwe economy.