Plaintiff issued summons against the defendant claiming:
(a) The eviction of the defendant and or those claiming occupation through him from certain piece of land situate in the District of Bulawayo being stand number 8621 Nkulumane Township.
(b) Holdover damages of $6,50 per day from the issue of summons up to the eviction of the defendant.
(c) Costs on an attorney-client scale.
Defendant entered appearance to defend and subsequently the matter was referred to trial on two issues captured in the joint pre-trial conference minute as: More
The applicant and the first respondent are both in possession of Lease agreements entered into with the fourth respondents, over the same piece of property. Both claim that they have certain rights and interests over the property emanating from the lease agreements. The second to the fourth respondents have not filed any opposing papers nor did they attend the hearing. It is the representative of the fourth respondent who, by way of a letter dated the 11th of September, 2020, addressed to the Registrar of this court saidthat they are not opposed to the order being sought.
Initially this was... More
This is an appeal against the judgment of the High Court granting absolution from the instance with costs in favour of the respondent. The appellant had issued summons against the respondent claiming the sum of US$5,348,887.75 together with interest at the rate of 15 per cent per annum and costs on a legal practitioner and client scale. The claim was in respect of the development, implementation and integration of a Zimbabwe Revenue Authority Online Payment System (ZOPS) in various banks in the country. The appellant averred that it rendered these services to the respondent pursuant to a tacit contract concluded... More
This is a landlord (respondent) and tenant (appellant) dispute. The parties entered into a verbal lease agreement in 2008 over premises cited as 38 Cameron Street, Harare. Respondent instituted proceedings in the magistrate`s court seeking the appellant`s ejectment plus ancillary relief. The respondent alleged breach of the lease agreement in that (i) appellant failed to keep premises in good repair, (ii) defaulted on payment of municipal charges (iii) illegally sublet the premises and (iv) effected unauthorised alterations to the premises. The respondent contested the suit. More
This is an unopposed application for condonation for late filing of appeal which came before me in chambers. The founding affidavit by Oscar Maromo, the General Manager of the applicant, gives the background of the application.
The respondents were dismissed from employment by the applicant on the basis of unsatisfactory performance as they had failed to account for missing stock. They appealed against the decision of the management to the National Employment Council for Commercial Sectors and their appeal was dismissed on 31 January 2013. Aggrieved they appealed to the Appeals Office within the National Employment Council for Commercial Sectors... More
This is an appeal against the determination made by the Designated Agent (D.A) of the National
Employment Council of the Commercials Sector dated 05 November 2024. The appeal is opposed.
The respondent was employed by the appellant as a general worker under a contract of indefinite
duration. The record shows that the relationship between the respondent and the appellant had become strained, which ultimately prompted the respondent to resign from her position with the appellant. Following her resignation, the respondent lodged a claim of underpayment of wages to the D.A., having identified a disparity in pay between herself and other... More
DUBE-BANDA J: Before me is an urgent chamber application. This application was launched in this court on 22 July 2021. It is opposed by the 1strespondent. The 2ndiscited in his official capacity because the implementation of the order sought by the applicant, if granted may require his services. The applicant seeks the following relief:
Final relief sought
That you show cause to this Honourable Court why a final order should not be made in the following terms:
a. That the provisional order set out herein be and is hereby confirmed.
b. That the 1st respondent be and is hereby permanently... More
On 14 June 2022 violence of significant proportions erupted in an area called Nyatsime in Chitungwiza. The disturbances allegedly left a trail of destruction. Houses were stoned, their windows were broken, some buildings were razed to the ground, shops were looted, motor vehicles were damaged whilst ordinary citizens were assaulted. In total it is alleged that properties and houses for about 53 families were damaged. More
This is an appeal against the whole judgment of the High Court setting aside an arbitral award issued by the second respondent, for the reason that it was contrary to public policy. More
This is an appeal against an arbitral award which found in favour of Respondent’s regarding a claim for alleged non-payment of terminal benefits.
The seven Respondents allege to be former employees of the Appellant and that each commenced employment at different times and were not paid terminal benefits when such employment ceased under different circumstances. More
This is an application for rescission of judgment in terms of Order 49, Rule 449 of the High Court Rules, 1971. The basis of the application is that the Court which granted Summary Judgment in case number HC 11563/18 did so in error and in the absence of the applicant. More
This is an application for leave to appeal to the Supreme Court at the instance of the applicant employer in a matter where its application for condonation of late noting of an appeal to the Labour Court was struck off the roll on account of the dirty hands principle. The principle had been raised by the respondent employee as a point in limine after realising that the applicant had not complied with the arbitral award or at least sought stay pending appeal.
The background to the matter is that the respondent employee got an arbitral award in his favour where... More
This is an appeal which was heard on 9 May 2013. Judgment was reserved on the basis that, both parties would file with the Court all the relevant papers on or before 15 July 2013. By that date the parties would also have indicated to the Court, whether or not they wished to make oral submissions on the matter. More
On the 7th of February 2017 after considering written and oral submissions by counsels I issued out an order effectively granting an application for directions for an opposed application for contempt of court to be set down expeditiously. The reasons for my disposition are captioned herein. More
