After working for the greater part of one’s life an employee not only looks forward to taking a deserved rest from active employment but reasonably expects to receive their pension timeously and in full as prescribed by law. More
Applicant and Noah Taguta have been quarrelling over the High Priesthood of Marange Apostolic Church of St. Johanne for some years now. Each is now leading a faction. The fight for the right to inherit priestly regalia has been ongoing for some time. This case, HC 11783/11, and case no. HC 11782/11 mirror the extent to which the fight has evolved. Though both cases were placed before me for hearing I decided to issue separate judgments in view of the specific issues in each case. This judgment pertains to the issues in HC 11783/11. More
. This application was placed before me together with another application HC11783/11 wherein the present applicant is also applicant and the second respondent is cited as the first respondent. The issues in the two applications are related. I have however opted to deal with the applications separately. This judgment is therefore in respect of case No. HC 11782/11. More
This is an application for the return to the applicant of goods seized from the applicant by fourth respondent. The goods were seized on the basis of the order granted by this court (per CHITAKUNYE J) in Case Number HC 489/07. The basis of the application is that the seizure of the goods was unlawful as it was not done pursuant to a writ of execution. It is common cause that, indeed, there was no writ execution on the basis of which the fourth respondent acted when he recovered the goods. The application is opposed by the first respondent. More
The applicants in this matter seek an order in the following terms -
"It is ordered that: -
(1) it is hereby declared that clause 3 of the employment contracts between respondent and applicants entitling applicants to payment of a mileage allowance based on mileage of 4 000 kilometre per month at applicable standards AAZ rates remains part of the contracts between the parties. Accordingly the applicants are entitled to payment of such allowance;
(2) respondent pay the outstanding allowance to the applicants inclusive of interest at the prescribed rate from the date the allowance became due to date of... More
This is a bail application lodged by the applicant after the first application was refused in this court. The first application was refused on the 27 August 2020. The applicant is now applying for bail on the basis of new facts. He is jointly charged with four other persons. The five are charged with the crime of robbery as defined in section 126(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations are that; applicant, a member of the Zimbabwe National Army, in connivance with his accomplices executed an armed robbery at Inyathi, approximately sixty kilometres from... More
The applicants who are mother and son have been resident at the property which is a farm situate in the District of Gwelo since 1989. The 1st applicant’s late husband Moven Nkomo entered into an oral lease agreement with Naseby Estate Ltd, a company which previously owned Naseby farm. Applicants have been rearing cattle, goats, pigs and poultry at the farm apart from being engaged in crop cultivation. In 2005, applicants were advised by the Ministry of Lands that the farm had been gazetted for acquisition by government. Further, they were promised first preference during the impending resettlement. In 2009,... More
This is an urgent application wherein the applicant seeks the following interim relief:
“Pending the determination of this matter, the applicant is granted the following relief:
That the 1st, 2nd and 3rd respondents and all persons claiming through them be and are hereby interdicted from interfering with the applicant’s occupation and use of the mining claims being:
1. Antelope 1 Mine held under registration number 19143.
2. Antelope 2 Mine held under registration number 19050.
3. Antelope 3 Mine held under registration number 19051.”
The facts of this matter are that the 2 parties herein entered into an option agreement... More
This is an application to compel transfer consequent upon an agreement of sale of “proposed subdivision B of Lot 369 Highlands Estate of Welmoed measuring approximately 2033 square metres” entered into between the applicant and the first respondent in January 2015. More
This is an application for bail pending appeal. After I had heard argument from both parties I indicated that my ruling would be given on 21 August 2012. This is it.
The applicant was convicted of attempted rape by the Magistrates’ Court at Kadoma. He was sentenced to four years imprisonment of which one year imprisonment was suspended for five years on condition that within that period the applicant does not commit any offence involving sexual violence and for which upon conviction he will be sentenced to imprisonment without the option of a fine. The applicant noted an appeal against... More
Respondent’s (employer) Executive Chairman wrote a letter dated 30th March 2020 to Appellant (employee). The contents show that the employee was demoted after disciplinary proceedings. The employee then appealed to this court against both the verdict and penalty. More
This is a court application with the title “court application to compel.” In the main, applicant is seeking the following relief: that 1st respondent (council) be directed to comply with the directive of the 2nd respondent (Minister) issued in the Minute titled “Local Authorities Circular No 1 of 201” and transfer to the applicant stand 1563 Que Que Township, known as 31 Josiah Tongogara Avenue, Newtown Kwe kwe (property). In the alternative, that 1st respondent be directed to cause the property to be valued and thereafter to make a written offer to the applicant to purchase the said property at... More
In this case the appellant was convicted of theft of Trust Property as defined in
s 113(2)(d) of the Criminal Law (Codification and Reform) Act, [Cap 9:23], on 23 August 2011.
On the same day he was sentenced to 7 months imprisonment which was wholly
suspended on condition of restitution of the sum of US$3000 before a given date.
Dissatisfied with both his conviction and sentence, he noted an appeal against both
conviction and sentence. The appellant was a self-actor both at his trial and on appeal. More
On the 25th October 2017 at Chinhoyi, 2nd Respondent in his capacity as an Arbitrator issued an award. He ordered 1st Respondent (employer) to pay Applicant (employee) various amounts in respect of damages in lieu of reinstatement. The employee then filed an appeal and application for review with this court. The employer opposed the application and filed a counter-application for review, together with an appeal. All the matters were set down for hearing before us. At the onset of oral arguments, the parties agreed that the applications for review be dealt with first. More
The applicant is a former employee of the 1st respondent. He was dismissed from employment on 27th February 2008 following a disciplinary process. The applicant being aggrieved referred a complaint of unfair termination to the Labour Officer. The matter was later referred to compulsory arbitration. On 23rd March 2020 an award directing applicant’s reinstatement without any loss of benefits from the date of unlawful termination was granted. According to applicant from the date of that award to April 2011 the parties were engaged in negotiations for an exit package which never materialized. From April 2011 to 3rd February 2016 upon... More
