This is an appeal against a decision by the Appeals Officer of the respondent to upheld the determination and penalty imposed by the Disciplinary Authority. Appellant was employed the respondent as a Divisional Accountant based at the Southern Division at the Bulawayo depot. On 15 February 2016 appellant was suspended from duty on allegations of committing serious acts of misconduct. Disciplinary proceedings were held and appellant was found guilty. He was dismissed from employment on 9 March 2016. Appellant appealed to the Appeals Officer. He was successful on one ground. The rest of the grounds did not succeed and the... More
The applicant was employed as the Southern Division Accountant by respondent. On 15 February 2016 he was suspended from duty in terms of the National Code of Conduct, Statutory Instrument 15 of 2006. He was charged of gross incompetency or inefficiency in the performance of his work and habitual and substantial neglect of duties.
Following disciplinary proceedings held on 29 February 2016, the applicant was found guilty as charged and was dismissed from employment. More
Having deemed the application urgent, I proceeded to hear submissions on merit. The facts of the matter are:
Applicant had a special grant to carry out prospecting operations in June 2016 which expired 12 months later in July 2017. Renewal was denied. Applicant claims to have installed a gold mill at the farm. It discontinued mining operations and claims to have remained in peaceful possession of the mill. Apparently the respondent has first mining rights in the very area the gold mill is located. More
Summons, in this case, was issued on the 5th of September 2023. Plaintiff stated in the declaration that she married the Defendant on 22 May 2004 in terms of the then Marriage Act [Chapter 5:11] now Marriages Act [Chapter 5:17]. The marriage was blessed with four children, three of whom are still minors. The marriage relationship has irretrievably broken down to such an extent that there are no reasonable prospects of the restoration of a normal marriage relationship. She proposed that she be awarded custody of the minor children with Defendant having access. She also proposed that Defendant pays all... More
MAMBARA J: The application is one for admission to bail pending the determination of an appeal noted against a conviction for attempted murder and the attendant sentence. The applicant is a youthful-looking man of twenty-eight years who was released from prison only last year after serving an effective four-year term arising from a previous six-year sentence for the very same offence. Within twelve months of breathing the air of freedom he again set upon a defenceless victim, this time a uniformed police officer who was peacefully executing his duties, and felled him with a stone weighing almost two kilogrammes. He... More
This is an application for condonation of the late filing of an application for reinstatement and the reinstatement of the appeal made in terms of r70 (2) of the Supreme Court Rules, 2018. The applicant initially filed a timeous application for reinstatement of his appeal which was deemed abandoned under case number SC 04/19. The application was struck off the roll with no order as to costs on 14 May 2019 prompting the applicant to lodge a fresh application on 29 May 2019. More
This matter was placed before me as an application in which the applicant seeks payment of the sum of US$714 000 (seven hundred and fourteen thousand United States Dollars). The background to the matter is as follows.
The respondent is the registered owner of two properties namely stand 504 and stand 12085 located in Zimbabwe. Sometime in 2019 an entity called Transafrica Investment Holding SA (“Transafrica”) secured a credit facility from the applicant on specific terms. More
The appellant in this matter was employed by the respondent as an accounts clerk in its accounts department.
Misconduct allegations were raised against the respondent. The charge was
“Lack of skill”
The specific allegations were;
• Wrongly compiling and submission of VAT returns.
• Petty cash – incorrect balances and absence of reconciliations for 2011.
• Reconciliation of debtors and creditors not done.
• Missing files, missing documents and incorrect filing system.
The respondent was found guilty and she was dismissed from employment. More
The plaintiff issued summons out of this court claiming the following order
1. An order directing first defendant to accept delivery of 600 bags of pc 15 cement at an address of choice in Harare or Ruwa More
On 3 November 2020plaintiff issued summons against defendant claiming US$100 000 or its Zimbabwe dollar equivalent at the official Reserve Bank rate, interest on the claimed sum and costs of suit.
The claim was for compensatory damages for loss of business and profits due to the delayed delivery of 600bags of Supaset cement by defendant which plaintiff had duly paid for.
At the trial, plaintiff led evidence from himself only and closed his case whereupon defendant then applied for absolution from the instance.
Defendant’s case was that plaintiff dismally failed to make a case against it which deserves a reply. More
This is an appeal against a determination made by the Respondent Disciplinary Authority on 30th of March, 2022. The appeal is opposed. The material background facts to the matter are as follows; The Appellant was employed by the Respondent as a Driver/Salesman. He was engaged on a fixed term contract running from 1st of January, 2021 and expiring on 31st of March 2021. On the 23rd of March 2021 the Appellant was suspended from employment without pay or benefits. He was notified to attend a hearing on the 29th of March 2022. The allegations levelled were that he had violated... More
The factual background that gave rise to this application is that, on the 19th of December 2021, as she was at Nyabira Toll Gate, her motor vehicle Mazda BT50 double cab was impounded by ZINARA on the instruction of Zimra for having failed to pay the requisite duty. Aggrieved by this action, applicant filed an application for a spoliation order in this Court under HC 1014/22, which application was unsuccessful for failure to give the requisite notice. More
This is an application for spoliation. The facts being that on the 18 December 2020 the applicant and some family members drove from Banket to Dzivarasekwa where there was a wedding in a Mazda BT50 motor vehicle Chassis number MM6UROYIL0015466, Engine number P5AT2827949 Registration number AFK7658. On 19 December 2021 as applicant was driving the said vehicle, and at Nyabira tollgate, along Lomagundi Road, about 35km from the Harare city centre, applicant was advised by the attendant that second respondent had provided the Zimbabwe National Road Authority (ZINARA) with the number of vehicles that would not be allowed to pass... More
The parties were married in terms of the then Marriage Act [Chapter 5:11] on the 7 of September 1991. Their union was blessed with three children, Anesu Elisha Shumba, born 19 November 1992, Tanaka Shumba, born 4 March 1996 and Laura Shumba, born 31 October 1999. On 27 August 2019, plaintiff issued out summons claimind a decree of divorce and ancillary relief. In her declaration she stated that the parties’ marriage has irretrievably broken down to such an extent that there are no reasonable prospects of a reconciliation. She further stated that defendant committed adultery with several women and treated... More
