Appellant was employed as a teacher by the Respondent. Following allegations of misconduct, he was brought before a Disciplinary Committee which found him guilty and recommended his dismissal. Appellant is dissatisfied with the decision and has approached this Court for relief. More
CHITAPI J: At the end of hearing of this application on 12 December, 2024 I issued an order as follows
“IT IS ORDERED THAT
1. The respondent is ordered to halt and cease all mining activities along Angwa River until the respondent has obtained the requisite environmental impact certificate and the go ahead to mine in the area by the applicant.
2. Nor order as to costs. More
The second applicant, in his capacity as a director of the first applicant, entered into an agreement of sale of motor vehicles with the first respondent. In terms of this agreement, the first respondent sold to the applicants 7 motor vehicles, mainly steel body tippers, for a total amount of US $ 335 000.00.
Pursuant to the agreement, the applicants made some payments, leaving a balance of US $ 215 000.00. Sometime in July 2021, the second applicant signed an acknowledgement of debt on behalf of the first applicant for the amount of US $215 000.00. The acknowledgment of debt... More
AMBALI vs BATA SHOE COMPANY 1999 (1) ZLR 417 (S)
that a dismissed employee has a duty to mitigate his loss by looking for alternative employment. This duty arises immediately upon dismissal.
It is also an established principle of the law that he who asserts bears the onus of proof. In computation of damages it is the claimant who bears the onus to prove his claim by adducing evidence. More
Applicant filed this application as an Urgent Chamber Application seeking the following order:
(1) That the execution of the eviction ordered under SC 138/21 and allowed to continue under HH 83/22 be allowed pending finalization of the appeal under CV SC 63/22.
(2) That the first respondent pays applicant’s costs of suit on the higher scale of legal practitioner and client. More
[ 1] Applicant seeks the rescission of a judgment entered against it in default in terms of rule 49 of the High Court Rules 2021.According to applicant, the parties` present legal troubles are traceable to the second respondent, Edmore Makureya (“Edmore”). Edmore was applicant`s former (presumably the relationship ended) employee who committed a series of misrepresentations in order to procure goods (on credit) from first respondent. Edmore would place orders with first respondent then collect goods under the guise that he was acting for and on behalf of applicant. Edmore covered his tracks by effecting payment for the goods so... More
The plaintiff seeks an order in terms of s 318 (1) of the Companies Act [Chapter 24:03] for the defendant to be declared jointly and severally liable with Foldaway Investments (Pvt) Ltd for all the debts of Foldaway Investment (Pvt) Ltd to the plaintiff. The provision reads as follows.
Responsibility of directors and other persons for fraudulent conduct of business
(1) If at any time it appears that any business of a company was being carried on—
(a) recklessly; or
(b) with gross negligence; or
(c) with intent to defraud any person or for any fraudulent purpose;
the court may,... More
This is an application to compel the respondent to comply with the decision of an adjudicator in terms of Clause W1.4 of the engineering and construction contract between the parties. More
This is an application for leave to appeal against a decision of this court issued on 10 October 2014. The respondent was employed by the applicant as a site quantity surveyor on 17 February 2012. It is alleged that he stopped going to work in March 2013 only to report for work in June 2013 demanding his salary. The appellant contended that the respondent had repudiated his contract by failing to report for work. On 6 June 2013 the respondent’s contract of employment was terminated. More
The Applicant was employed as the Chief Executive Officer (CEO) by the first Respondent. Applicant had been employed by the 1st Respondent in February 1985 initially as an Internal Auditor. He later became first Respondent’s Group Chief Accountant, the Group Financial Controller and the General Manager Finance and Investments. In 2004, he was appointed to the position of Chief Executive Officer. He reported directly to the Board of Directors. More
MAKONESE J: This is an application for the late noting of an appeal. The application is opposed by the state on the grounds that there are no reasonable prospects of success. Further and in any event, there are no recognizable grounds of appeal in the application and no reasonable explanation has been advanced for the failure to note the appeal timeously. More
The respondent was employed by the appellant as a machine operator from 19 January 2009 to 28 February 2013, when he was suspended from employment. More
The applicant, an incorporation registered in the United Arab Emirates, has made an approach to this court, on court application, seeking a provisional liquidation order against the respondent, another incorporation cherishing its domicile in Zimbabwe, on the basis that it is unable to pay its debts and that it is just and equitable that the respondent be wound up. The application is made in terms of s 207 of the Companies Act [Cap 24:03] (the Act). More
The appellant brings an appeal against the whole judgment of the Labour Court (the court a quo), which upheld the Appeal Officer’s decision confirming the Hearing Officer’s determination dismissing the appellant from employment. More
On 23 July, 2015, the applicants filed a notice of appeal to the Constitutional Court against a judgment of the Supreme Court dismissing their appeal. This is an application for the appeal to be set down for hearing on an urgent basis. More
