1. This is an appeal against both conviction and sentence.
2. It is pursuant to the appellant’s conviction on a charge of criminal abuse of duty as a public officer as defined in s 174(1) of the (Criminal Law (Codification and Reform ) Act [Chapter 9:28] and the sentence of thirty months imprisonment of which six months were suspended on the condition of good behaviour.
3. The trial court found that the appellant, an Acting Works Manager in the employ of Chitungwiza Municipality, acted contrary to or inconsistent with his duty by unlawfully approving a site plan in favour of... More
This appeal has been decided on the record in terms of Section 89 2(a)(i) of the Labour Act [Chapter 28:01].
Appellant was in Respondent’s employ as a gang leader before his dismissal on allegations of theft of gold ore. More
On the 10th of June 2011 Appellant was suspended from duty on the ground that he had fraudulently generated three (3) journals namely:-
- Morgan Zintec for $406.00
- Chitungwiza Hospital for $459.95
- Dudzai Primary School for $550.01
without supporting documentation.
This was an act of misconduct in terms of Section 20 of Respondent’s Code of Conduct S.I. 148 of 2009 the penalty of which is a dismissal for a first breach.
For committing the above act of misconduct (fraud) Appellant was found guilty by the Disciplinary Committee and was dismissed from Respondent’s employment. He noted appeals to the... More
The defendants (who are the excipients in this matter) have excepted to the plaintiff’s (who is respondent) declaration and I have, to decide whether that exception has merit or not. More
This is a court application for rescission of judgment. The applicants seek to have the default judgment granted by MUSITHU J on 28 June 2023 under case number HC 2656/23 set aside. The order sought as set out in the draft order speaks to this as follows:
“1. The judgment granted by this Honourable court under case No. Hc 2656/23 on 28 June 2023 be and is hereby rescinded.
2. The matter shall proceed in terms of the Rules of this court.
3. No order as to costs”. More
On the 7th October 2005 Arbitrator Chavura issued an award reinstating Applicant without loss of pay and benefits.
Respondent appealed to this Court and on the 31st May 2007 an order by consent was issued on the following terms-
- that Respondent reinstates Applicant pending early retirement with full benefits,
- that Applicant be on leave pending finalization of his packages/emoluments
- that there be no order as to costs. More
This is an application by applicantfor condonation of late filing of an application for review of both Disciplinary Committee’s and Appeal Committee’s proceedings.
The application was set down for hearing on the 18th November 2020 at 10.00 hours but could not take off at the allotted time due to requests for postponement by Mr. Sengwayothe applicant’s legal practitioner then. The matter was stood down to 14:30 hours to enable the legal practitioner to go through the record and prepare.
At 14:30 hours, applicant, now self-acting as the legal practitioner had renounced agency sought another postponement which was opposed by respondents. More
This matter is both an appeal and an application for review against a decision of the Premier Service Medical Aid Society (PSMAS) Appeals Committee handed down on the 18th of December 2012. More
The appellant appealed to this court seeking to have the convictions in respect of both counts quashed and the sentences set aside. In the event that this court upheld the convictions appellant sought to have the sentences imposed by the court a quo to be substituted by the imposition of nominal fines in respect of each count. More
This is an appeal against the decision of an arbitrator. The appellant was employed by the respondent as a manager at one of its branches. He was dismissed from the respondent’s employ following disciplinary proceedings for:
“any serious act conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her conduct.” More
This is an appeal against the whole judgment of the High Court sitting at Bulawayo handed down on 22 June 2017. The facts giving rise to the appeal are hotly contested. I proceed to give a brief summary of the facts of the case as gleaned from the pleadings, the record of proceedings and the judgment of the court a quo. More
MOYO J: At the hearing of this matter the 1st and 2nd respondents’ counsel raised points in limine the first of which was that applicants have no locus standi.
The applicants are seeking an order for the rescission of the judgment of this court in HC 2291/08 wherein this court declared that the land being the subject matter of this dispute is not subject to any acquisition. Applicants are settlers on the said piece of land. The 1st and 2nd respondents raised points in limine the first of which was challenging the locus standi of the applicants More
On 14 October 2021 I removed this matter from the roll for urgent chamber applications because I considered it not urgent. I gave my reasons ex tempore in the presence of all parties.
This court has been inundated by a glut of disputes arising fromvarious complex competing claims to stands situated atLot 12 Tynwald North owned by Mr & Mrs Sibindi. The Sibindis subdivided the property creating stands which they have sold to various persons. Unfortunately, there are numerous cases where the same stands have been sold many times over leaving claimants at each other’s throats while Mr Sibindi watches... More
