The background of this matter is that the respondents were permanent employees of Chinhoyi University & Technology farm. Currently they are employed by the joint venture of Zim-China Wan Agriculture (Pvt) Ltd. It is alleged that the respondents were advised by Mr Rashidi the Human Resources Manager to join the new venture before it was too late. The respondents expected the appellant to pay them a retrenchment package. The appellant on the other hand expected the respondents to give notice of their termination of employment. The matter was referred for conciliation but parties failed to reach a settlement and the... More
This is an appeal against an arbitral quantification award.
Respondent was dismissed by Appellant from the post of Permanent Lecturer in November 2009 following disciplinary hearings. An arbitral award thereafter ordered his reinstatement on the 26th August 2011. Damages in lieu of reinstatement was the alternative order. More
This is an application for interim relief in terms of Section 92 E of the Labour Act [Chapter 28:01].
Applicant is the former employerof the First to Ninth respondents. Arbitrator F Mugabe handed down an award in favour of the respondents on the 5 November 2013 wherein he ordered their reinstatement without loss of salary and benefits with effect from 3 June 2013 or damages in lieu of reinstatement. The order included reinstatement of each respondent’s accrued leave days as at 3 June 2013. More
The applicants seek spoliatory relief and an interdict against 1st respondent. The application was filed on 15 March 2021. 1st Applicant is a housing co-operative registered in terms of the laws of Zimbabwe. Its founding affidavit was deposed to by its chairperson CHARLES SAUNGWEME. 2nd applicant is a member of the 1st applicant. He deposed to his own affidavit which essentially augments 1st applicant’s affidavit. There is also a supporting affidavit by SIDNEY MUMBAMARWO, who is a member of 1st applicant. More
BACHI MZAWAZI J: On the 28th of November 2019 applicant and the first respondent entered into an agreement of sale of a motor vehicle, Land Rover Discovery Engine number 03255292276DT, Chassis number SALLAAA138A491750 for the sum of US$10 000,00, United States ten thousand dollars. The vehicle in question, is alleged to have been imported by the second respondent and given to the first respondent to sale on his behalf. At the conclusion of the sale transaction, delivery of the vehicle itself, the ignition keys alongside the accompanying original documents consisting of the Customs clearance certificate, declaration and Customs payment receipts... More
The plaintiff issued summons out of this court on 4 June 2009 seeking US$10 000-00 adultery damages against the defendant. On 3 February 2010 she reduced the amount to US$5 500-00 being US$3 000-00 for loss of consortium and US$2 500-00 for contumelia. The defendant contested the trial. More
This is an application for the cancellation of the agreement of sale of immovable property being Stand 1542 – 6 Hallen Drive, Athlone, Gweru, entered into in favour of third respondent’s minor charges Zandile E and Akhumuzi Justin Danisa. The sale was authorised by first respondent and consented to by second respondent, in the winding up of the estate of late Rodgers Dhliwayo. More
1. This is an application for reinstatement of a case that was deemed to be abandoned for failure to file heads of argument in time. The deeming provision is Rule 46 of the Labour Court Rules S.I.57 of 2017. The application is opposed. The reason for failure to file heads of argument was that the legal practitioner was in South Africa for treatment after an accident. More
The appellant is the daughter of the late Edith Shope Goto (“the deceased”), who died on 8 May 2021, and is also a beneficiary of the Estate Late Edith Shope Goto (“the estate”). According to the appellant, the deceased donated her sole immovable property, namely Stand 1207, Mabelreign Township, held under deed of transfer number 3031/91 (“the property”) to her. On 22 July 2016, in the presence of Peter Makonza, Haggai Makonza and Rudo Makonza-Goto, the donation was executed by the deceased through a deed of donation. On the same date, the deceased executed a declaration stating that she donated... More
The issue arising from this application for a declarator is whether property can be transferred to a donee after the death of a donor. Applicant, Chipo Goto, seeks to have declared null and void, the first and final distribution account in the estate of the late Edith Shope Goto, her mother, and who died on 28 May 2021. She also seeks that the first respondent, Shadreck Tsuro being the executor, sign all documents to distribute and transfer to her, property known as Stand 1207 Mabelreign, Township, held under Deed of Transfer Number 3032/91. More
This is an application brought by the applicant, Chipo Maruku, seeking the rescission of a default judgment granted in favour of the first respondents Katt Construction (Pvt). The judgment pertains to a stand in Stoneridge, Harare, where the applicant claims an interest derived from her ex-husband, Caven Gunha, through the alleged cession of his rights to the property following their separation. More
The applicant was the plaintiff in an action she instituted for divorce and the distribution of matrimonial assets between her and the respondent who was then the defendant. Her prayer for divorce was granted. More
The present application is an offshoot of proceedings that are pending before this court involving the same parties in HC 3911/21. In that matter, the first respondent herein is the plaintiff, while the applicant herein is the first defendant. The second and third respondents herein are the second and third defendants in that matter. At the centre of the dispute is an immovable property known as Stand Number 3462-9th Crescent, Dzivarasekwa Township, Harare (the property). More
After hearing argument in this application for condonation by a barred party, I dismissed the prayer and gave reasons ex tempore. I now furnish written reasons at the request of applicant. More
TAKUVA J: In this matter plaintiff issued summons against defendant claiming for an order as follows:
(a) A decree of divorce;
(b) An order that plaintiff be awarded stand number 369 Beeston Road, The Grange, Harare;
(c) An order that each party keeps as his or her sole property all movable property as may be in their possession on the date of issuing summons;
(d) An order that each party bears its own costs. More
