Applicant is employed by the respondent as its Division Chief-in-charge of Financial markets. She has been employed by the respondent since 1980 in various capacities. She has approached this court seeking an order declaring the disciplinary proceedings initiated by the respondent against her as a nullity and an order compelling the respondent to comply with the provisions of section 2(6)(b) as read with section 8 of Statutory Instrument 186 of 2003, Labour Relations (Retrenchment Regulations) 2003. More
This is an appeal from a decision by a Magistrate in an inquiry purportedly to confirm whether Tiresi Chasara was customarily married to the Late Elias Macheka or not. More
The first applicant borrowed money from the first respondent, to whom he surrendered Pelhams shares belonging to the second to the fourth applicants as security for the loan. He gave out the shares in a negotiable form. The applicants had signed share transfer forms, making it possible for the first respondent to transfer them to himself or a third party. More
At the hearing of this matter, and in his heads of argument the first respondent raised two points in limine. The first point in limine being that there is material disputes of facts which cannot be resolved on papers. He suggested that this matter could not be resolved in a motion court but by way of trial procedure. More
In presiding over matters, judicial officers are duly obliged to be impartial and ensure in all instances that justice is done. A magistrate presiding over a matter has to ensure fairness in conducting proceedings. Both procedural and substantive aspects pertaining to adjudication of matters have to be considered and adhered to. It cannot be said this obtained in this particular instance. More
