On 30 November 2011, and after hearing viva voce evidence from the plaintiff and considering the fairly detailed submissions made by the plaintiff’s counsel I granted the following order: More
This is an appeal against the determination of the respondent’s Appeals Committee issued on 11 April 2019, which upheld the appellant’s dismissal from employment. More
On 12 November, 2010, the Applicant won an appeal against his dismissal in this Court. The order per President Musariri was as follows;
“1.The appeal is hereby allowed and dismissal of Appellant by Respondent is set aside;
2. Respondent shall conduct fresh disciplinary hearing before a new disciplinary committee and conclude same within thirty (30) days of this order failing which,
a) Respondent shall reinstate Appellant without loss of salary and benefits, or
b) Respondent shall pay Appellant damages for loss of employment in a sum either agreed by the parties or assessed by this court.” More
This is an application for review.
The applicant who was employed by the respondent as a general manager at its business site in Mozambique was on 21 July 2015 advised that the employer had decided to terminate his contract of employment on notice. More
This matter comes before the Court on an exception raised by the defendant against specific claims pleaded in the plaintiff’s declaration. The defendant contends that certain claims - specifically claims 2, 3, 4, and 5 - fail to disclose a proper cause of action because they do not sufficiently allege the requisite elements of negligence or a special duty of care necessary for a delictual claim. The plaintiff, by contrast, asserts that the defendant’s unauthorized engagement with third-party suppliers, conducted without proper due diligence and in breach of the plaintiff’s internal procedures, caused quantifiable financial loss. This judgment addresses both... More
The Applicant in this matter seeks an interim order restraining the respondents from disposing of or transferring certain immovable property, known as Katamon Court, in Harare. The applicant also seeks a final order effectively transferring the said property into its name and ownership through the execution of a share subscription agreement.
In support of its claim, the applicant avers that the parties concluded a binding oral agreement in February 2005 for the sale of the property at the purchase price of $6 billion. The 1st and 2nd respondents deny any such binding agreement and dispute the applicant’s right to acquire... More
This is an appeal against an award of the Arbitrator Honourable Viriri handed down on the 19th of May 2016. The appeal is brought in accordance with Section 98(10) of the Labour Act (Chapter 28:01). More
Applicant applied for the review of Respondent’s decision to terminate her employment on notice. She prayed that the decision be set aside. Respondent opposed the application. In due course the matter was set down for hearing. At the onset of oral argument Respondent raised 2 points in limine. I shall deal with the 2nd point which I consider as dispositive of the matter More
This is an appeal against the magistrate’s ruling sitting at Kadoma dismissing the appellant’s application for rescission of judgment on 15 December 2008.
The respondent Farai Ngorima is the registered owner of a certain piece of immovable property known as house number 3795 Ingezi Township Kadoma. He purchased the house from the late Monica Ruvimbo Dzinamarira on 7 March 2007 for $27 000 000-00. The property was registered in his name on 17 April 2007 under deed of transfer 000198/007 with the seller acknowledging that the whole of the purchase price had been paid. More
The applicant who was appointed executrix Dative to the Estate of the Late Ennety Charumbira DR 597/20 sometime in 2020 approached this court with a simple application for condonation for late filing of an application for rescission of default judgment granted against her late mother the Late Ennety Charumbira sometime on 25 July 2018. More
On 25 July 2018 default judgment was granted in a matter between respondent and one Emely Charambira. Emely Charambirasubsequently passed on 21 December 2018. Applicant approached the court seeking condonation for late filing of an application for rescission of the default judgment on the basis that she was appointed executrix dative to the Estate of the late Emely Charumbira (the deceased). Condonation was granted on 16 March 2022. The present application was filed on 24 March 2022.
In her Founding Affidavit applicant gives the background of the matter as follows. On 12 April 1999 house number 8609 Mbare, Harare was... More
The applicant was married to the late Tom PeterkinMayisva under the Marriage Act, which is now [Cap 37] on 1 January 1970. Tom Mayisvathen passed away on 11 April 2006. The parties had five children. It is not in dispute that Tom Mayisva had a long term adulterous relationship with one LinahPilime and that four children were born out of this relationship. Mayisva had another long term adulterous relationship with Margaret Maramba with whom he had another five children. The applicant has no knowledge of the details pertaining to these children with the exception of two born in 1982 and... More
This is an application for condonation of late filing of Heads of Argument. The facts outlined by Wilson Chivaura reveal that Applicant received Respondent’s Heads of Argument on 12 June 2013. Those Heads of Argument were inadvertently misfiled and were only “discovered” on 5 July 2013. Applicant”s Heads of Argument were filed with this Court on the same day, that is, 5 July 2013 and were served on the Respondent on 8 July 2013. More
