MAXWELL J: On 24 November 2021, a spoliation order in favour of the applicant was issued. On 26 November 2021, a request for reasons for the judgment was made for the purpose of an appeal under SC456/21. These are they:
On 17 November 2021 applicant approached this court on an urgent basis seeking among other things, a spoliation order against the first respondent. She wanted immediate restoration of her exclusive occupation of 12 Beach Road, Borrowdale, Harare. Applicant stated that she is married to first respondent but they are in the midst of a divorce, case number HC 5353/21. The... More
This is an appeal against the decision of the Labour Officer who held that respondent employee was unlawfully dismissed by the employer and that she was entitled to 36 months damages for loss of employment, payment of her leave days and payment of acting allowances due to her. More
The applicant is a tenant occupying premises known as Ground Floor, Building 3 at Arundel Office Park, Mount Pleasant Harare by virtue of a lease agreement entered into with the respondent. When a rent dispute arose between the parties, it was referred to arbitration in terms of clause 34 of the written lease agreement of the parties, through the President of The Real Estate of Zimbabwe, who appointed the second respondent as arbitrator. More
The plaintiff, a peregrine company, issued summons against the defendants, jointly and severally, claiming payment of $290 866.50 arising out of a balance due on goods sold and delivered at the defendant’s specific instance and request, interest at the bank rate of 24% per annum from due date to date of full payment, collection commission and costs of suit. More
This is an application for reinstatement of case number HC 6528/18 on the roll pursuant to the provisions of paragraph 7 of Practice Direction 2 of 2013 and other ancillary reliefs. More
The plaintiff in this case claims payment in the sum of $29 million, together with interest at the prescribed rate, in respect of a cheque drawn on the account of the 3rd defendant and signed by the 1st and 2nd defendants. More
On 16 May 2019 the appellant noted an appeal against the whole judgment of the Magistrate’s Court handed down on 23 April 2019 at Mutare laying out the grounds of appeal as well as relief sought as follows:
“A. GROUNDS OF APPEAL
1. The Learned Magistrate erred at law by making a finding based on the papers that the appellant was in defiance of a court order without holding a proper enquiry.
2. The Learned Magistrate thus erred by refusing to hear the appellant on the merits.
3. The Learned Magistrate also erred at law by ordering the incarceration of... More
: In this urgent application the applicant prays for a provisional order which is couched as follows:
“TERMS OF FINAL ORDER SOUGHT:
That you show cause to the Honourable Court why a final order should not be made in the following terms:
1. The 1st, 2nd and 3rd Respondent be and are hereby ordered to vacate and ensure that its officers are removed from the property called Haydon Farm Mt Hampden Zvimba.
2. The 1st and 2nd Respondent’s officers are hereby interdicted and barred from entering said property.
3. The 1st and 2nd Respondents shall pay the costs of this... More
This is an appeal against an arbitral award issued on 27 February 2014. The arbitrator having made a finding that respondents’ dismissal was unfair ordered that the respondents be paid US$1008-55 each within a month of the order. More
The applicant, who faces three charges in the magistrate court one being
for extortion as defined in s 134 of the Criminal Law (Codification and Reform) Act,
[Chapter 9:23] the second being for possession of dangerous drugs as defined in s 157 of the
same Code and the third being for possession of prescription preparatory Drugs as defined in
s 30 (1) of the Medicine and Allied Substances Control Act, [Chapter15:03] was denied bail
pending tria More
This is an application for leave to appeal against a decision of the High Court in terms of r 30 (c) of the Supreme Court Rules, 1964. After hearing counsel and reading the papers filed of record, I ordered that the application be struck off the roll and indicated that the reasons would follow. More
This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 1 December 2020 dismissing the appellant’s application for a declaratur.
Whilst in the midst of considering the judgment the appellant’s legal practitioners wrote a letter in October 2021 to the Registrar seeking audience with the court over proceedings in the court a quo and what they claimed to have discovered post the appeal hearing. Such communication was brought to our attention. Our concern was on the appropriateness of the procedure and purpose of such audience. In reaction the respondent’s legal practitioners... More
This is an appeal against the whole judgment of the Labour Court, dated 3 April 2019, setting aside the dismissal of the respondent by the appellant. The facts giving rise to the appeal are largely common cause. More
This is an application for condonation and extension of time within which to appeal against the decision of the Labour Court. The application is brought in terms of r 43(1) of the Supreme Court Rules, 2018 (the rules). More
The appellant is appealing against the honourable arbitrator M Mpango dated 26th day of March 2012. The accused was couched as follows:
“The respondent perpetrated unfair labour practices by treating claimants as casual workers after the expiry of six weeks in four consecutive months in violation of the relevant collective bargaining agreement. It is hereby ordered that the respondent re-instates the claimants or pay $1741-00 to each of the claimants as damages in lieu of re-instatement. The respondent is also ordered to pay $4 818-00 to each of the claimants in respect of underpayment of wages, overtime and allowances.” More
