This is an application for review of the First Respondent’s decision to grant Second Respondent an exemption from paying gazetted wages for the period January – December 2010.
The material background facts which are common cause are as follows.
The parties in 2010 engaged in salary wages negotiations for the period January to June 2010. The parties deadlocked. The matter was referred to an Arbitrator. The Arbitrator granted an award for increment to cover the period January to June 2010. The employer organization was aggrieved and appealed against the award to the Labour Court. The Labour Court through a judgement... More
This is an appeal against the whole judgment of the High Court (“court a quo”) wherein it granted an application for review of the second respondent’s decision authorizing the permit for the construction of a funeral parlor by the appellant. More
The appellant was ordered to reinstate the respondents by the National Employment Council for the Engineering and Iron and Steel Industry Appeals Committee. Appellant appealed against the said order.
Before the matter was argued on the merits, the respondent raised three preliminary points. The first preliminary point being that the appellant has dirty hands it failed to comply with the order made against it. Appellant should first purge its contempt before approaching this court. The second preliminary point raises the issue of representation, whether one Samkange was authorised to represent the appellant. The third preliminary point challenges the appropriateness of... More
In this application there is no material dispute of facts. The undisputed facts are that the applicant is an engineering company whereas the 1st respondent is a bus operator carrying on business under the style of Jimmy Jimalo Luxury Tours. More
1. This is an application for review of the respondent’s disciplinary process against the applicant. The applicant was charged of acts of misconduct. He was subjected to a hearing and was found guilty. A penalty of dismissal was imposed. He challenged the process for being irregular. More
The applicants are seeking a provisional order interdicting the respondents from proceeding with the criminal proceedings which are at defence stage and currently under way against the applicants at Chegutu Magistrates Court in case number CRB CHG 674-76/18 pending the final determination of an application for review brought by the applicants under case number HC 9109/18. That application for review is pending in this court. The first respondent is The State which is responsible for Criminal prosecutions on behalf Zimbabwe and is represented by an officer responsible for the applicants’ trial. The second respondent whom I shall refer to as... More
The applicant applied, through the urgent chamber book, for spoliatory relief. He alleges that he is the holder of exclusive prospecting rights licence in a block of gold mine claims known as Danley Mine in Chakuri. He claims that he was in peaceful and undisturbed possession of the mining claims and was carrying out his prospecting operation when, on 24 August 2021, the first and third respondents despoiled him of the same. These, he avers, unlawfully took occupation of the mine stating that the fourth respondent authorized them to despoil him. The second respondent, he alleges, has commenced illegal mining... More
Appellant was in respondent’s employ as a nurse aide based at Harare Central Hospital ward C8. She was arraigned before a Disciplinary Committee facing an act of misconduct, the charge being theft of state property. More
MABHIKWA J: The applicant filed this application which was served on the respondent on the date of hearing. He opposed the application. It was proposed and agreed that the parties file heads of argument and the matter be determined on the papers. This court then gave directions as to the filing of the notice of opposition, answering affidavit if any, and the heads of argument. More
Applicants filed what they term “Chamber Application For The Removal Of H. Bhikha Enterprises Pvt Ltd Trading As Tilus From Judicial Management.” According to the 1st applicant’s Founding Affidavit, the basis of the application is that;
“1. H. Bhikha Enterprises Pvt Ltd has paid all its approved creditors.
2. H. Bhikha Enterprises Pvt Ltd is now a going concern. Its liabilities are no longer exceeding its assets.
3. The court order that is order No. HC 3343/17 has been fulfilled and consequently H. Bhikha Enterprises Pvt Ltd trading as Tilus Supermarket must be discharged from Judicial Management.”
In that regard,... More
KABASA J: This application was filed on 27th January 2021. Due to the measures put in place in terms of Practice Direction 2/2021 I advised the parties that I intended to dispose of the matter on the papers. I instructed the applicants to serve the application on the respondents who were to file their opposing papers by 29th January if they were so inclined.
The first, third and fourth respondents duly filed their opposing papers, paving way for me to proceed to determine the matter.
The background facts are these: - In 2017 the third respondent fell into financial problems... More
1. This is a chamber application for a mandamus.In his founding affidavit the applicant avers that he is seeking an order to compel the respondents to pay his salary dating back from January 2016 to May 2021. The total claimed is $3 200 000.00. He avers that he is entitled to the amount claimed on the basis of a Supreme Court order in Police Service Commission and Ors v Manyoni SC 7/22. More
This is an application for review. The applicant seeks an order that his suspension be set aside; that he should not be punished by either a reduction of rank or salary without being given an opportunity to be heard; and that if there are allegations against him a hearing de novo must be instituted. The application is opposed. More
The respondent was employed by the applicant as its Finance Manager up to July 2009 when allegations of misconduct were leveled against him. A disciplinary hearing was convened to determine the validity of the allegations and it found him guilty as charged. He appealed to the applicant’s Area Managing Director against the dismissal without success. He then appealed to the Labour Court arguing that his dismissal was racially motivated and in any event, the penalty meted against him was unduly harsh. The appeal to the Labour Court was pending at the time of the hearing of the application. More
This is an opposed application wherein the applicant seeks the following order:
“1. The notice to terminate the lease agreement entered into between the applicant and the respondent on 28 August 2003 in respect of number 5 Jacaranda Close, Hatfield, Harare be and is hereby declared null and void.
2.The applicant shall be entitled to renew the lease agreement every three years effective from 1 October 2007 until 30 September 2013. More
