The application hinges on a dispute pitting two related deceased estates as will be revealed from the brief history of the matter. The applicant approached the court seeking an order that farm 119 Zowa Zvimba (hereafter referred as to as the farm) is an undistributed asset of late estate John Hwata DR704/92. The applicant argued that the farm did not at any point devolve to the estate of late Enos Hwata and thus it should be inherited and administered by the applicant who is the surviving spouse of the estate late John Hwata. The first respondent in opposition argued that... More
This is an appeal against the whole judgment of the Labour Court delivered on 23 February 2018 which dismissed, with costs, an appeal by the appellant against an arbitral award issued on 8 February 2010. More
The defendant was employed by Dairiboard Zimbabwe Limited. On 1st January 1998 he was seconded to the plaintiff as a Finance Manager and Company Secretary for a period of two years, subject to annual review by the plaintiff’s managing director. Apart from the question of remuneration due to the defendant, the contract of assignment also provided for the defendant to be provided with a vehicle as part of his remuneration package with the plaintiff. The plaintiff has now instituted proceedings against the defendant for the recovery of monies it states are due in respect of that vehicle. The parties agreed... More
This is an application for rescission of a judgment that was granted by this court on 17 September 2012. The judgment was granted in favour of the respondent after applicant failed to file its Heads of Argument within the time limit required by the Labour Court Rules. More
The respondent, Comfort HR Strategies (Comfort) sued the applicant, Dairibord Zimbabwe (Private) Limited (Dairibord) under case number HC 2591/20 for the refund of USD110 000.00 a claim based on unjust enrichment. Comfort is a company registered in terms of the laws of South Africa. According to Comfort ’s declaration, there was a verbal agreement between the parties in October 2018 the material terms of which were that Comfort would pay, on behalf of Dairibord, to Dairibord’s foreign suppliers for the purchase of certain input materials. It was agreed that Comfort will pay a total sum of USD500 000.00 to Dairibord’s... More
“I make bold to say that it is not just for the sake of poetry that the old adage, context is everything, holds true. In so many scenarios, words alone ring hollow. Context gives life and meaning to what is said or written. Is a court of law then entitled, or required, to take cognisance of context when interpreting a contract? That is the question that this Court is
called upon to answer.”- Constitutional Court of South Africa. More
The respondent was employed on a fixed term contract basis by the appellant.
The appellant was arrested by the police in relation to some criminal charges. He stopped reporting for duty as a consequence of his arrest.
The contract of employment which was a fixed term contract expired and the appellant did not renew it.
When the respondent eventually reported for duty, he argued that the employer had unlawfully terminated his contract of employment as he had a legitimate expectation to have his contract renewed and further the employer had employed someone in his stead. More
[1]In this matter the parties were aggrieved by a determination made by an arbitrator. An appeal and a cross appeal were therefore respectively noted.
[2] The Court made an order granting the appeal with costs and dismissing the cross-appeal with costs with reasons to follow. The following are the reasons and full order.
[3]Preliminary issues which the parties sought to raise were abandoned at the commencement of the hearing.
[4]This matter arose out of the employer’s (respondent’s) internal memorandum (‘the memo’)to the employee (appellant) on the 24th of August 2023 More
The applicants approached this court seeking an order for interim interdict under the following terms:
“1. The Respondent, personally or through his agents, or anyone claiming rights or title through them are interdicted and restrained from preventing the applicants and /or their duly appointed employee, contractors and/or agents, from accessing 1st Applicant’s Gudubu Mines at Mhangura, Chinhoi for purposes of conducting and maintenance work on the shaft and machinery. Failing which, the Sheriff of the High Court, with the assistance of the Zimbabwe Republic Police shall take all necessary steps to grant access to the applicants, and herein their duly... More
The first applicant, a duly registered company, is the holder of copper mining rights for the mining claims known as Gubudu 1-3 whose registration numbers are set out above. The second applicant claims to be the majority shareholder with 66% shareholding in the first applicant. The respondent is said to be the biological elder brother of Baoming Huang, the minority shareholder who holds 34% shares in the first applicant. There is a pending shareholding and directorship dispute between the parties under case numbers HC 2480/20 and HC 2492/20, amongst others. It is also submitted that there has been no mining... More
The brief history of this matter is that the respondent was employed as a chief security officer from August 2008 to 13 August 2015. He was suspended and dismissed from work on charges of misconduct. It is alleged that he failed to control illegal panning and it was alleged that he also failed to execute his major duty of safeguarding the company assets by allowing illegal panning.
The respondent appealed to the arbitrator alleging unfair dismissal. More
This is an appeal against the determination, handed down in terms of Section 63 (3a) of the Labour Act [Cap 28:01] (hereafter referred to as the Act) by the Designated Agent of the National Employment Council for the Mining Industry, Mr V. Tasiyana. The determination was handed down on 14 March 2022. More
