The plaintiff herein sues in his capacity as the executor dative of the estate of one Ralph Simon Lapin. He seeks, inter alia, an order ejecting the defendant from 120 Harare Drive, Marlborough, Harare (the property), arrear rentals and holding over damages, together with interest and costs on a higher scale. The defendant, who is now a statutory tenant, challenges the plaintiff’s locus standi and also resists the claim on several substantive grounds. In any event, as appears from the Joint Pre-Trial Conference Minute, he admits having breached the lease agreement by the non-payment of rentals. More
The appeal was noted against the determination of the Respondent’s Works Council dated 6th May, 2005. The appeal arises from the dismissal of Appellant after it was found that he had committed an act of misconduct i.e. Negligence Annexure II of Offence 8.2. as per Delta Beverages Code of Conduct. More
This court application for review was filed on the 19th January 2018. The parties appeared before me on the 19th November 2018 and argued the matter. After hearing argument I dismissed the application with costs. More
The applicant has petitioned this court to review the decision of the second respondent to issue the first respondent with an offer letter for land called subdivision 33 of Triangle Ranch 3 (s 13) measuring 22.87 hectares situated in Chiredzi, Masvingo Province. The offer of the landholding was made under the Land Reform and Resettlement Programme (Model AZ Phase 11). The letter is dated 29 July, 2020. The applicant moves the court to grant him the relief which he expressed in his draft order annexed to the founding affidavit in the following wording;
“IT IS ORDERED THAT:
1. The decision... More
On 3RD September 2010 this Court ordered Respondent to reinstate Applicant or pay him damages in lieu of reinstatement. Respondent chose to pay damages. The parties were unable to agree on quantum of the damages. Applicant then filed this application for assessment of the damages. Respondent filed opposing papers. The attorneys agreed that the matter be determined on the basis of the documents filed of record. More
On 29 June 2022 after hearing submissions by counsel we proceeded to dismiss the appeal in respect of the conviction and partially acceded to the appeal in respect of the sentence moreso as the state (the respondent) had made concessions in respect the appeal against the sentence. More
The brief background of this appeal is that Appellant was employed as a Driver/Salesman by the Respondent. It is alleged that on the 9th of July 2010 he delivered 28 cases of beer at Sahara Bottle Store in Budiriro Harare. It is also alleged that the appellant told the Respondent that he had sold the beer to Sahara on credit when he had actually been paid US$361,00 by Mr. Mutepfa. The Appellant was charged with theft and was dismissed from employment with effect from the 24th of December 2010. More
The applicant approached this court seeking an order for the setting aside of a sale in execution in terms of Order 40 r 359.
The background to the matter is that the first respondent obtained a court order against the one Robert Brian Van Rensburg (Robert) the applicant and Mabelreign Drive-in-Cinema for the recovery of the sum of US$396 782.63 jointly and severally the one paying the other to be absolved. The first respondent then caused the attachment and sale in execution of stand 73 Chicago Township, Kwekwe (the property). The applicant is the registered owner of that property. More
The appellant’s house Number 9, 27th Avenue, Haig Park in Mabelreign Harare (the house) was sold in execution. The appellant’s challenge of the sale in terms of the common law was dismissed with costs on the adverse scale by the High Court which then ordered her eviction, along with all those claiming occupation through her from the house. This is an appeal against that whole consolidated judgement of the High Court. More
The appellant was employed by the respondent as a procurement officer. He was charged with three counts of misconduct for ‘any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract’. These were violations of paragraph 4 (a) of the National Code of Conduct S.I. 15 of 2006. More
This is an appeal against the appellant’s dismissal from the respondent’s employment. He appealed internally but the appeal failed. The appellant was employed by the respondent as a Procurement Officer. He was charged with three (3) counts of violating section 4(a ) of the National Employment Code of Conduct Statutory Instrument 15 of 2006 (S.I.15/06). More
The applicant filed this application through the urgent chamber book. He moved me to interdict the respondent from:
(i) evicting him from Stand number 3191 Bluffhill Township, Harare.
(ii) demolishing any structures which were/are erected on the same – and
(iii) impounding any assets which were/are at the stand. More
MOYO J: This is a court application for a declaratur seeking an order as follows:-
1) The respective mutual separation agreements signed on 10 July 2020 by the applicants on the one side and the respondent on the other side, be and are hereby declared null and void and unenforceable.
2. That 1st and 2nd applicants be and are hereby reinstated into the employment of the respondent forthwith with full benefits and without any loss of benefits and or any other emoluments and entitlements otherwise due to them had their employment not been terminated on 10 July 2020.
3) That... More
