The appellant was convicted of fraud in contravention of s 136(a) & (b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23], in that on 21st August 2020, with intent to deceive one Enock Atukwa, or realising that there was a real risk or possibility of deceiving Enock Atukwa and intending to cause Enock Atukwa to act upon the misrepresentation to the prejudice of Dorcas Kandiero or realising that there was a real risk or possibility that Anock Atukwa may act upon the misrepresentation to the prejudice of Dorcas Kandiero by misrepresenting that he was the son of Dorcas... More
DUBE-BANDA J: This is an urgent application. This application was lodged in this court on the 1st April 2021. Itwas then placed before me and I directed that the copy of the application and a notice of set down be served on the respondents. The application was then set-down for the 7th April 2021, and on the set-down date, 1strespondent was not in attendance. I scrutinised the return of service and observed that the application and the notice of set down were served by affixing the processes on a letter box at number 15 1st Avenue, Famona, Bulawayo. I was... More
MABHIKWA J: Applicant made an urgent chamber application against the two (2) respondents whom he says he knew only as Chef Gona and Mpofu respectively. He claims that he became a beneficiary of plot number 1 Umguza, Lower Nondwane of Unguza in the year 2020. He however says he was not given an offer letter when others were given, he still does not know why. More
This is an appeal against an arbitral award issued by Honourable K M Nhongo on 5 December 2013. The award ruled that the appellants were not entitled to the retrenchment package they were seeking, which package was in terms of a determination made by the Minister of Labour and Social Welfare (“the Minister”). The arbitral award ruled that the appellants were, instead, entitled to a retrenchment package in terms of an agreement they had entered into with the respondent, prior to the Minister’s determination. More
This is an appeal against the granting of an application for summary judgment against the appellant by the court below. Having issued summons against the now appellant as the defendant, and an appearance to defend having been entered, the respondent herein applied for summary judgment claiming arrear rentals in the sum of US$8800.00 or its equivalent in Zimbabwean dollars at the prevailing bank rate for the lease of No 18 Harrow Road Masasa, Harare. Also sought was the cancellation of the lease agreement and an eviction of the appellant and all those claiming occupation through them from No 18 Harrow... More
On 5th August 2024at Marondera, 1st respondent, in his capacity as an Arbitrator, issued an award wherein applicant was ordered to pay 2nd respondent an amount of $1,284.00 in respect of underpayment of wages. Applicant than applied to this Court for the review of the award in terms of section 89(1)(d1) as read with section 92 EE of the Labour Act Chapter 28:01 hereafter called the Act, 2nd respondent opposed the application More
This is an urgent chamber application in which the interim relief sought is that execution, and or attachment, and or removal of property in case number HC 2593/13 be stayed pending determination of an application for a declaratur that the execution is irregular and unlawful, and, that, the ejectment of the applicant and all those claiming occupation through it be stayed pending determination of the same application for a declaratur. The final relief sought is a declaratur, that the execution in terms of case number HC 2593/13 be declared irregular, a declaratur that the debt has been paid in full... More
Applicants in this case are leaning on a slender reed. In fact, it take a measure of extreme boldness to bring an application of this nature with the hope that somehow the court would entertain the matter and grant the relief sought. More
After hearing argument on September14 2018 I dismissed this application with costs.
I stated that the reasons would be furnished in writing.
On the same day, around 16:35 hrs, the Registrar placed a letter before me.
It was authored by the applicant’s legal practitioners. They were requesting the reasons for my decision for purposes of appeal.
These are those reasons.
This is a court application for review of the disciplinary proceedings wherein first respondent convicted applicant of contravening para 35 (1) of the schedule to the Police Act [Chapter 11:10] (“the Act”) as read with section 29 and 34 of... More
The two applicants’ were charged under the Police Act [Chapter 11:10] for contravening para 35 of the Schedule of offences to the Police Act, as read with ss 29 and 34 of the said Act.
On count one, the state alleges as follows;
“In that on 26 June 2017 and at or near C.I.D Chitungwiza offices, Chitungwiza, the defaulter, being a member of the Police Service, did wrongly and unlawfully acted in a manner reasonably likely to bring discredit to the Police Force, that is to say, the defaulter, after recovering a box containing 50 x 100ml bottles of broncleer... More
Appellant and Respondent engaged in a collective bargaining process with a view to agree on wage, transport and housing allowance increments for January to December 2014. Respondent advocated for an overall increment of 52.2% in wages, transport and housing allowances. Appellant proposed an increment of 2.5% on wages only. Housing and transport allowances were to remain unchanged on appellant’s proposal. A deadlock was declared. The matter was referred to conciliation but was not settled. It was then referred to arbitration and the arbitrator awarded a 10% increment on the basic wages for the employees concerned on 17 March 2014. Appellant... More
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
