The applicants, who are non-managerial employees of SMM Holdings, made an application to the respondent seeking leave to institute proceedings against SMM in terms of s 6 of the State-Indebted Insolvent Companies Act [Chapter 24:27]. More
This is an appeal against the decision of the respondent’s appeals officer who confirmed the dismissal of the appellant employee in a case where the employee had been charged with gross incompetency and inefficiency at work. Facts of the case are that the appellant who was in the respondent’s employ was charged with gross incompetency and inefficiency in a case where he was found to be absent from his workstation for a period of time. He had however engaged a procedure called “by pass” which was a situation where he had to redirect the flow of the waste at the... More
This is an application for the review of the decision of the second respondent in his capacity as the President of the first respondent to suspend the applicants from their official positions with the first respondent. The applicants seek the setting aside of the decision to suspend them. They also seek that they be reinstated and that the second respondent be ordered to conduct a national congress that is in terms of the first respondent’s constitution and electoral practices. More
This is an appeal against an arbitral award which I am proceeding to determine on the record in terms of section 89 (2) (a)(i) of the Labour Act due to non-compliance with Practice Direction 1 of 2014. More
This is an application for an interdict in which the applicants seek a mandatory interdict against the respondents, compelling them to pay the applicants their end of project benefits as per their promise. The applicants are all former employees of Constitution Parliament Select Committee (COPAC) mandated to draft the Constitution of Zimbabwe. COPAC winded up their activities in 2013 by drafting a draft constitution and submitting a report to the Parliament of Zimbabwe. More
This is an appeal and review of the decision of the respondent employer’s appeals committee where it confirmed the appellant employee’s guilty verdict and dismissal penalty.
Facts giving rise to the appeal are that the appellant who was in the respondent’s employment as an ICT technician based at Harare Airport had occasion on 30 January 2014 to pick up a Nokia Asha phone from gate 6 where its owner one Sandra Chamunorwa a student on attachment with the National Handling Services Department had forgotten it.
Appellant did not surrender the phone immediately upon picking it up but took it to... More
A school girl in form 3 at a school headed by the appellant reported with the assistance of the school head and his wife that she had a love relationship with one of the teachers. More
This matter was initially set down for hearing on 11 June 2009 on which date it was postponed to 10 July 2009. It was again postponed a number of times and was finally heard on 3 February 2011 after which date the court called for supplementary heads of argument from both legal practitioners for reasons appearing later in this judgment. More
The applicant seeks a declaratur to the effect that he paid the full purchase price in terms of an agreement of sale between the parties dated 20 October 2016. The order sought is also to the effect that the payments of the deposit plus monthly instalments, from December 2017 to August 2020 by the applicant to the respondent’s bank account, were in accordance with the agreed terms of sale agreement between the parties. Ancillary relief is also sought in that the applicant seeks that the respondent be ordered to sign all necessary documents to effect transfer of ownership to him... More
This is an urgent chamber application wherein the applicant seeks the following relief;
‘TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms—
1. That the third respondent be and is hereby directed to cancel the Deed of Transfer passed in favour of the first respondent over a certain 300 square metres of land called stand 10346 Kuwadzana Township of Fountainbleu Estate situate in the district of Salisbury.
2. That the party opposing to bear the costs of this application on the higher scale of... More
The appellant was charged with:
(i) Wilfully applying a wrong use, or unauthorised purpose, to assets or to property or alternatively.
(ii) Carrying out an act which is inconsistent with the express or implied conditions of the contract of employment.
The main charge is a violation of Group D – most serious offences, Category 3 of the respondent’s code of conduct. The alternative is a violation of Group D – most serious offences, category 25 of the same code. More
The appellant approached this court challenging the decision of the nomination court sitting at Harare on 21 June 2023. The nomination court declined to register the appellant as the presidential candidate for the 2023 general election. The appellant’s assault of the nomination court’s decision is based on the three following grounds:
“(i) The 1st respondent erred in rejecting appellant’s nomination papers when sufficient evidence had been presented that a deposit of the prescribed nomination fee had been paid through a ZWL Bank transfer amounting to ZWL$138 531 528 using the rate of US$1:ZWL$6 926.58 as advised by 3rd respondent.
(ii)... More
1. The appellant brings an appeal against the entire judgment of the Commercial Division of the High Court of Zimbabwe (the court a quo), which dismissed his preliminary objection to jurisdiction and choice of law. It then proceeded to hand down judgment for the respondent on the merits with costs. Finally, it declared the appellant’s two hypothecated immovable properties specially executable. More
