This is an appeal against the decision of the Respondent’s Disciplinary Committee where it found the Appellant guilty of being absent from work for more than 5 days without reasonable excuse and subsequently dismissed him.
The case has a long history of default judgments, rescission, striking off of the matter and at one point a withdrawal of the matter when there were efforts to have the matter settled out of court. The history being what it is, it is pertinent to note that it is only in the instant case that this case has been heard on the merits. It... More
The above is an application for leave to appeal against sentence by DanielChimunhu in person.
The accused pleaded guilty for contravening s 157(c) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He was found with a total of thirty dagga plants measuring an average of two metres in height without a permit. More
The first applicant is a director of the second applicant company Daniel Technologies P/L. The first respondent is a company in the business of letting out properties.
On or about July 2008 the parties concluded a written lease agreement in respect of premises situate at 14th Floor, North Wing, Cabs Centre Stand Number 736B corner Sam Nujoma and Jason Moyo Avenue Harare.
The second applicant subsequently fell into arrears resulting in the parties concluding a deed of settlement on 15 October 2009.in the following terms:
“1. The lessee shall settle US$12,627.09, which is part payment of the balance of its... More
The applicants seek the following relief: -
1. The Great Zimbabwe University Pension Fund Benefit Reduction Resolution dated 19 January 2017 pursuant to a meeting of the respondents held on 8th of December 2016 at Masvingo in terms of which the employer contribution rate was reduced from 17,29% to 7,5% effective October 2012 and the Group Life Assurance benefit was reduced from four times to two times annual salary effective 1st January 2017 is declared invalid, unlawful in its entirety and consequently set aside and the status quoante is restored. More
The appellant who was interdicted from harvesting any produce in the respondent’s plantation located in Hamudikuwanda village Headman Mandeya, lodged an appeal against the decision of the court a quo. The interdict was in relation to a communal homestead and banana plantation thereto. The matter which was initially placed before the court a quo as an application was procedurally converted to a fully fledged trial on basis of existence of material disputes of facts. After hearing evidence the court a quo ordered the following:
“a. the respondent or anyone operating through him be and are hearby interdicted from using, harvesting... More
The matter was placed before me as an appeal against a determination by the Responsible Disciplinary Committee handed down on the 6th August 2013 which determination found the Appellant guilty on a charge of violation of Schedule Part J, Sub-section 2 (b) of the relevant Code of Conduct and consequently a dismissal penalty was imposed. More
After reading documents filed of record and hearing submissions by the appellant who was a self actor and the respondent’s counsel we dismissed the appeal with costs. An indication was made that the reasons would be availed. Here they are.
This is an appeal against the whole judgment of the Provincial Magistrate sitting at Gweru Magistrates’ Court which dismissed appellant’s application for condonation for the late filing of his application for default judgment of 26 may 2015. More
This is an application for condonation of the late noting of an appeal by the applicant against the respondent’s order where its Disciplinary Committee dismissed the applicant on allegations of breaching the respondent’s Code of Conduct. More
This matter appeared before me as a review application of criminal proceedings before the Honourable Magistrate Guwuriro. The applicant had been convicted by the court a quo for contravening s 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Applicant was sentenced to 3 years imprisonment, 1 year of which was suspended for 5 years, and 4 months were suspended on condition of restitution of $40.00. Thus, the applicant was effectively to serve 20 months. He approached this court by way of a review to have the conviction quashed and sentence set aside. The basis for this application... More
The background facts to this matter are that the late Stephen Nduna Gwenze Masaire was the holder of title in a property known as “Remaining Extent of Lots Numbers 182, 183, 184 and 185 Block C, portion of Hatfield Estate measuring 1,7657 hectares” registered under Deed of Transfer 1371/80. Sometime in 1991 he applied for and was granted a subdivision permit in respect of this land. The proposed subdivision was meant to create two properties from the original property, namely Stand Numbers 909 and 910 Hatfield Township. More
is an application for Condonation for the late noting of an appeal.
The factors to be taken into consideration in an application such as this are the extent of the delay, the reasonableness of the explanation for the delay and the prospects of success see General Kodzwa v Secretary of Health and Another 1999 (1) ZLR 313 (S). I propose to consider the said factors in relation to this case. More
Appellant’s grounds of appeal as per his Notice of Appeal are that:-
The Respondent’s General Manager erred on point of law in;
(a) Finding that Appellant was guilty of theft a charge which is not supported by the facts.
(b) The decision to dismiss the Appellant was predetermined.
(c) Appellant guilty when the hearing was held n contravention of the Code of Conduct and was marred by irregularities namely:-
(i) Appellant was never given an opportunity to
listen to the testimony of the witnesses who testified in his absence.
(ii) Appellant was never afforded an opportunity to
cross-examine the witnesses.... More
The background is that, in October 2017, the Master of the High Court advertised a judicial sale of the property known as Lot 1 of Lot 15 of Makabusi situate in the District of Salisbury, measuring 4047 square metres held under Deed of Transfer Number 7675/1997, otherwise known as Number 15A Ashburton Avenue, Chadcombe, Harare (“the property”).The said property was sold in execution on 3 November 2017 and the second respondent was declared the highest bidder on 7 November 2017.Subsequent to that, the second respondent was confirmed as the purchaser after the applicant failed to object to the sale in... More
This is an appeal against the decision by the Respondent’s Chief Executive Officer dated 25th November, 2013, which decision confirmed an earlier decision by the Hearing Committee to dismiss Appellant from employment.
The material background facts are as follows:
The Appellant was employed by the Respondent as a truck driver. On the 11th of October 213 he left Harare on a trip to Zambia. He returned on the 29th of October 2013. He had been given a full tank of diesel and 150 litres header tank for the trip. Upon his return from the trip he had a shortfall of... More
In March 2020, respondent issued summons in the magistrates’ court against the two appellants claiming payment of a sum of $300 000 being general damages for malicious arrest and prosecution at the instance of the two appellants. More
