The applicant was arrested for theft of a motor vehicle. He was remanded in custody. He applied for bail pending trial. The respondent, the State, opposed the application. More
The court a quo in this matter was confronted with the fact that when the complainant was arrested at his business premises in Burma Valley, Mutare by CID details based at CID Mutare he had no injuries but when he later emerged from the CID offices he had been physically violated. The issue which the court a quo had to deal with was not only whether the complainant had been assaulted at CID offices Mutare but who had assaulted him. The complainant implicated two CID details one NdiudzeiMagawa and the appellant Collen Chirema. It is therefore clear that what confronted... More
Applicants are in the employ of the 1st respondent as managerial executives. In 2015, the Minister of Local Government, Rural and Urban Development issued a directive to local councils through the permanent secretary. The directive had the effect of reducing the remuneration of Town Clerks in the respective local authorities. The directive also meant that such reduction in salaries was to affect the lower managerial grades. 1st respondent implemented this directive, applicants were affected by it. Applicants were aggrieved by this decision and referred their matter to a Labour Officer. A hearing was held in January 2017 and 2nd respondent... More
On 22 June 2012 the appellant drove a Mazda Rustler registration number ABC 6845 while he was not a holder of a driver’s licence. He had 5 passengers on board. He was driving along Harare- Masvingo road. At the 139km peg he turned right in front of oncoming traffic resulting in a collision with a Nissan Hardbody which then overturned. Eleven passengers from both vehicles were injured and were rushed to Chivhu GeneralHospital. One passenger who had been seriously injured later died on the same day in hospital. The other passengers were treated and discharged. More
On 27 June 2024 applicant applied to this Court for rescission of judgement and condonation of late filing of Notice of Response. The application was made in terms of Rule 40 of the Labour Court Rules, 2017 More
Applicant applied to this Court for rescission of judgment in terms of Rule 40 of the Labour Court Rules, 2017. Respondent opposed the application.
In its papers respondent raised 3 points in limine. However, at the onset of oral argument it abandoned the first and last points.
The remaining point in limine was to the effect that the application is fatally defective for failure to comply with the Court’s Rules. More
The law that governs appeals to this Court against arbitral awards is very clear.
Section 98(10) of the Labour Act [Chapter 28:01] provides,
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
This is an appeal against an arbitral award filed in this Court by the Appellants. Does the appeal in its grounds comply with the above provision? Respondent’s answer to this question is that, it does not, hence it has raised a point in limine to that effect. More
The brief factual background is that the applicant was employed by the respondent as Financial Accountant. He was dismissed for misconduct after disciplinary proceedings held in terms of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15 of 2006. (National Code).
The matter went for arbitration, following procedures provided for in the National Code. The arbitrator, in his award dated 10 December 2013, upheld the verdict of guilty, but set aside the penalty of dismissal. The arbitrator ordered the reinstatement of the applicant, without pay and benefits for the period he was on suspension. It appears the penalty... More
This is an appeal mainly against that part of the judgment handed down by the Magistrates Court sitting at Masvingo ordering the eviction of the appellants from houses belonging to the respondent. The appellants took occupation of the said houses (hereinafter referred to as “the company houses”) on account of their employment with the SMM Holdings.
In the court below the respondent instituted two separate but related claims against the appellants. In the first claim it sought the eviction of the appellants from the company houses on the basis of the termination of their employment and the concomitant loss of... More
This is an action for damages for malicious prosecution. The plaintiff claims the sum of USD$20 000.00 for emotional stress; USD$30 000.00 damages for his reputation; and USD$10 00.00 for legal costs incurred during the prosecution. The defendant did not file a notice to defend, resulting in the matter being set down on the unopposed roll. After hearing plaintiff’s counsel, I dismissed the claim in an ex-tempore judgment. The plaintiff has requested written reasons for the decision to dismiss his claim. These are they.
[2] The defendant is seventy-one-years old. She has children with the late Slyvester Benyure, and the... More
The appellant in this matter was arraigned before the Magistrates Court Marondera on 9 counts of stock theft as defined in s 114(2)(a) of the Criminal Law Codification and Reform) Act [Cap 9:23]. To these charges he duly pleaded guilty. He was represented during the course of his trial by a legal practitioner. He was convicted as charged and was sentenced on 4 March 2010 as follows:- More
The 130 applicants are tenants of the first respondent at its various flats in Harare. Following a legal battle the parties concluded a written deed of settlement on 4 May 2010 in the following terms: More
This is an application for rescission of judgment in which the application was dismissed on the turn.
The applicant, a self actor requested for written reasons for the decision dismissing this application on the date of hearing. These are the reasons. More
This is an appeal against the refusal of rescission of judgment by the lower court. The appellant made an ex parte application against the first respondent for an anti-dissipation order in the Magistrate’s Court. He had at the time already issued summons in the High Court against the first respondent claiming return of a motor vehicle described as a MercedesBenz200, registration number AEN 4363 and white in colour. The applicant averredin the summons that the vehicle belonged to him under circumstances outlined in his declaration. The vehicle was said to have been confiscated by the first respondent. More
he appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. He was sentenced to 24 months imprisonment of which 8 months imprisonment were suspended for 5 years on condition of good behaviour. Of the remaining 16 months imprisonment, 6 months were suspended on condition the appellant made restitution of the sum of US$3 922-00 to the complainant before a specified date and the balance of 10 months imprisonment were suspended on condition that he performs 350 hours of community service at Marlborough Police Station. He appeals against his conviction... More
