At the hearing of this matter, the respondent raised a point in limine which is the subject of this judgment.
The appellant appealed against an arbitral award in favour of respondent. Respondent was engaged by appellant as a journalist for a period of three years. The parties did not reduce their relationship into writing. In 2014 appellant terminated the parties’ relationship. Respondent was aggrieved and referred the matter to conciliation and thereafter arbitration. The arbitrator held that there was a contract of employment between the parties which was not terminated lawfully. He ordered the reinstatement of the respondent with no... More
On 3 March 2015 arbitrator B Matongera issued an arbitration award. He upheld respondents’ claim of unlawful dismissal from employment by appellant. He further ordered appellant to either reinstate respondents or pay them damages in lieu of reinstatement. Appellant then appealed to this court against the award. Respondents opposed the appeal. More
On the 10th November 2011 an issue was raised as to whether the grounds of appeal were proper grounds in line with the Supreme Court cases of:
SABLE CHEMICALS INDUSTRIES LIMITED VS DAVID PETER EASTER BOOK SC 18/10 (SABLE CHEMICALS)
And
NORMAN MUTSUTA, TONDERAI KATSANDE VS CAGAR (PRIVATE) LIMITED SC 47/09 (CAGAR)
In a nutshell the issue was do the grounds of appeal raise a question of law for the appeal to be properly before this Court?. More
At the hearing of this matter I upheld a point in limine and dismissed the application with costs. I indicated that the reasons for my decision would follow. These are they.
Applicant filed an application for condonation of late filing of an application for rescission of a default order and an application for rescission of a default order. On3 June 2015 this court had granted a chamber application in terms of Rule 19 (3) (a) of S.I. 59/2006 and dismissed applicant’s appeal with no order as to costs. The present application was filed on 31 July 2015. Respondent objected to... More
On 02 October 2024 two matters LC/H/764/24 and LC/H/785/24 were placed before this court. LC/H/785/24 pertained to grant of interim relief pending appeal. By consent interim relief was granted thus leaving for determination only appeal LC/H/764/24. This judgment therefore addresses only the issues raised by the appeal following the conclusion of the interim relief case by the consent order More
