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
This is an appeal against the decision of the National Hearing Committee of the respondent company which confirmed the appellant’s dismissal on charges of violating the respondent’s code of conduct. In particular it was alleged that the appellant contravened sections 3(8) (1), 3 (8) (viii), 4(10) and 4(11) of the respondent’s code of conduct.
The brief facts of the case are that appellant was employed by the respondent company as a counter clerk based at Chitungwiza post office. On the 12th of February 2011, whilst on duty the appellant is said to have been involved in a misunderstanding with a... More
The Appellant was dismissed from the Respondent’s employment for absence from work for a period in excess of seven (7) days without either advising the Line Manager or having satisfactory reason. This was a violation of the applicable Code.
It is not disputed that the Appellant was absent from work for the period between 25 October 2008 and 7 November 2008 (thirteen 13) days). More
This is an appeal against conviction and sentence. The appellants were convicted after a trial, of attempted murder as defined in s 189(1)(b) as read with s 47(1)(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. They were each sentenced to 5 years imprisonment of which 2 years imprisonment was suspended for 5 years on condition of good behaviour, leaving an effective imprisonment period of 3 years. More
The matter was placed before me as an application for review. The application is premised on Rule 20 of the Labour Court Rules, 2017. Although the application was filed and served on 1st and 2nd Respondent on the 13th of September 2019 both 1st and 2nd Respondent had not filed Notices of Response to the application in terms of the Rules of Court. The Registrar of Court proceeded to set down the matter as compelled by Rule 28 of the Labour Court Rules, 2017: Statutory Instrument 150 of 2017. On the date of hearing however 1st Respondent appeared in person... More
The applicant appeared before a magistrate sitting at Bulawayo on the 29th of June 2022 facing allegations of contravening section 49 of the Criminal Law Codification and Reform Act (Chapter 9:23), culpable homicide. Applicant pleaded not guilty. He was convicted pursuant to a full trial. He was sentenced to 2 years imprisonment. Dissatisfied with the sentence the applicant filed a notice of appeal against sentence only with this court. More
On the 8 of June 2021 I dismissed the application for a declaratur herein with no order as costs. This was on the basis that the declaratur could not be granted under the contradicting factual circumstances averred by applicant and respondent regarding the applicant’s obligations to the respondent. More
On 12 February 2013, the respondent issued a purchase order to the appellant for the supply by the latter of 2 x 12KV vacuum circuit breakers. Early in the morning on the following day, the respondent sent an email to the appellant instructing it to hold any further transactions on the order until further notice. A series of emails was exchanged by the parties, with the respondent insisting that the order be put on hold and that it had in fact cancelled the order. On the other hand, the appellant insisted that it had already placed an order with its... More
The plaintiff sued the defendant for payment of the sum of $236 520-45 together with interest from 18 November 2013 being the date of demand and costs of suit on a legal practitioner and client scale. More
Applicant seeks vindication of vehicles it allocated to respondent for his use during the course and scope of his employment. Respondent argues that the vehicles are now his in terms of his contract of employment. More
