The Applicant is a former employee of the Respondent having been employed as a Consular Clerk. He was dismissed from employment following a formal disciplinary hearing. The Applicant was aggrieved with the determination of the Disciplinary Committee. He noted an appeal to this court under case number LC/H/341/19 which matter is currently pending. The minutes of the disciplinary hearing convened by the Respondent that led to the Applicant dismissal however do not form part of the record under reference LC/H/134/19. The Respondent through its papers submits that despite a diligent search it has been unable to locate the minutes and... More
The accused faces a murder charge in contravention of section 47 of the Criminal Law (Codification and Reform) Act (Chapter 9:23). It is alleged by the state that the deceased who was 23 at the time of the fatal incident, had set up as temporary base for illegal gold miners at a bush at Lonely Star mine together with several other gold panners. They were warming themselves around a fire. The accused allegedly arrived in the company of his uncle and friends. They were looking for one Prince Mwale, a step brother to the accused. They accused him of having... More
MOYO J: This is an urgent chamber application wherein the applicants seek an order for spoliation wherein it is alleged that they were despoiled by the respondents. In specific terms applicants seek an order restoring to them possession of 103 Robert Mugabe Way in Bulawayo. The facts of the matter are that the applicants were in occupation of the property being the subject matter of this dispute. Litigation was commenced in the Magistrates’ Court for the eviction of the applicants by the 1st respondent. The applicants noted an appeal against the decision of the Magistrates’ Court on the 28th of... More
This is an application for bail pending trial. The application is opposed. The applicant is facing one count of murder as defined in section 47 (1) (a) of the Criminal Law Codification and Reform Act (Chapter 9:23). The applicant avers that he is a suitable candidate for bail. More
This is an application which, in the main, seeks an order ad pecuniam solvendam. In other words, the claim is for the first respondent (hereinafter called “CABS”) to pay to the applicant the sum of US$179, 541-45 within seven (7) days from the date of the order, plus 5% percent interest on the aforesaid sum from 5 December 2016 to date of payment. Alternatively, the applicant asks for an order that the respondents pay the applicant the sum of US$179, 541.45, jointly and severally, the one paying the others to be absolved. In addition, the applicant seeks an order nullifying... More
On 14 December 2015 at Harare, labour officer B Chikwanha made a ruling which ordered appellant to reinstate respondent’s employment. Appellant then appealed to this court against the ruling. Respondent opposed the appeal. More
This application was placed before me on a certificate of urgency for a final order of attachment of a boat known as The Royal Nikobasa to found jurisdiction in an anticipated pecuniary claim against the first respondent only. In the same application the applicant seeks an order to serve process on the first respondent through e-mail. The second respondent was joined to the proceedings by way of an application for joinder. More
This is an application for review of the decision of the Acting Registrar made in terms of section 45 of the Labour Act [Chapter 28:01].
The facts in this case are common cause. The first respondent applied to the second respondent for a variation of the scope and operation of the trade union. The second respondent published the notice as required in the Gazettegiving the statutory notice. Thereafter the second respondent proceeded to grant the application. The applicants are dissatisfied with that decision and have approached this court for relief. More
This matter came on appeal. Before the appeal could be argued, four (4) preliminary issues were taken on behalf of the respondent. These are that:
“(a) The grounds of appeal are vague and embarrassing in the sense that they challenge decisions of committees without identifying the committees so referred to and also without linking each of the grounds to the respective committee’s decision.
(b) The grounds of appeal ought to be struck off since they proceeded on the mistaken view that the appeals committee made findings of fact and exercised discretion.
(c) The prayer is defective in that it seeks... More
[ 1] Plaintiff, a peregrine entity, seeks to recover monies lent and advanced to first defendant, a local company. The second and third defendants were sued in their capacity as sureties and co-principal debtors.
[ 2] Plaintiff closed its case after the testimony of its single-Mrs Melina Matshiya-a senior legal practitioner. Mr. Uriri for the defendants moved the court to grant absolution from the instance. Counsel premised his application on two arguments;-(a) that plaintiff had tendered no evidence at all before the court. Mrs Matshiya, its representative and sole witness lacked valid authority to represent it and was as such,... More
PATEL J: This matter arises from a collision that occurred on 20 July 2009 between the plaintiff’s truck and a motor vehicle driven by the 1st defendant’s deceased husband. The plaintiff claims the replacement value of its vehicle, damages for loss of income and goods, together with interest and costs of suit More
DUBE-BANDA J:The Applicant seeks the evictionof the first respondent and all those claiming the right of occupation through her from an immovable property located on registered Site number 740, which is said to be a site for housing containing no more than 12ha held in connection with the Mining Location, named Big Ben under registration number 32538 (the housing site). The application is opposed by the first respondent More
On 5 June 2012 I handed down an ex tempore judgment for the registration of an arbitral award made in favour of the applicant against the respondent on the basis that there was no merit in the opposition to such registration. More
On 14 May 2020, the respondent, as the plaintiff filed summons in case number HC 2315/20 against the applicant, as the first defendant, claiming payment of US$596 422.86 with interest and costs. It alleged that the said amount was what the applicant owed due to a breach of contract to supply diesel to the respondent. The diesel supply agreement related to the Hwange Power Station (600MW) Expansion Project. The second defendant in that action was cited as Dynamic Success Southern Africa (Pty) Ltd. The applicant defended the claim and also filed a claim in reconvention against the respondent for payment... More
