The plaintiff issued summons on 8 July 2015 against the defendant claiming a sum of $26 912.27 with interest thereon at the rate of 5% per annum and costs of suit. The plaintiff further prayed for an order declaring Stand 10763 Bulawayo Township of Bulawayo Township Lands, measuring 1041 square metres (“the property”) specially executable. More
The appellant appeals against the whole judgment handed down by the High Court (the court a quo) on 1 March 2023. The court a quo ordered the appellant to pay to the respondent the sum of US$74 332.58 together with interest thereon at the rate of 5 per centum per annum from 12 December 2013 to the date of payment in full and costs of suit. More
This was an application for leave to execute pending appeal. The background was this. In April 2011 the applicant sued a company called Wedzera Petroleum [Private] Limited, as the principal debtor, jointly with the respondent, as guarantor, for payment of an amount in the sum of $847 847-65, plus interest and costs. The claim arose out of petroleum products sold and delivered by the applicant to the principal debtor in 2010. More
This is an appeal against a decision by an arbitrator. The arbitrator awarded a 20% increase to A1 engineering employees in the Engineering Sector covered by the National Employment Council for the period
1 March 2011 to 28 February 2012. More
During his tenure as Deputy Head at Kuredza Primary School, appellant was charged with acts of misconduct in terms of Section 44 (2) as read with paragraphs1, 3, 13 and 24 of the Public Service Regulations 2000, Statutory Instrument 1 of 2000.
The allegations were that:-
(a) Appellant violated procurement procedures when he sourced quotations from unreputable services providers and negotiated with one of the service providers to lower prices that resulted in price trading.
(b) He wilfully absented from work by going to attend NAAZ sporting activities from 3rdJuly, 2017 to 19th July 2017 attending regional competitions in Kenya... More
I have previously stated in Mutongwizo v The Master of the High Court N.O HH 573-18 the need for legal practitioners to comply with the rules of this court especially when the rights of minor children are at stake. This court is the upper guardian of minors by design so that there is assurance that whatever is done on behalf of minor children conforms to the best interests of the child standard. This is a standard that is recognised in the Convention on the Rights of the Child (CRC) that Zimbabwe signed and ratified on 11 September 1990. The standard... More
This is an appeal against an arbitral award delivered on 5 January 2016. Appellant is aggrieved by the part of the award that refused her back pay up to the time the employer made the election to pay damages in lieu of reinstatement and also the part that dismissed some special and punitive damages and benefits. The arbitral award in issue states that on 10 March 2014 an award was given which ordered in paragraphs 6 and 7.
“6. That the claimant be and is hereby reinstated More
This is a rather unusual matter in which one of the issues to be resolved by this court relates to a maternity dispute. I must confess that I had for long labored under the mistaken belief that only paternity can reasonably be expected to be in dispute. More
On 25 March 2011 the plaintiff issued summons against the defendants in which he claimed:
“(a) Payment of the sum of USD14 850.00 due to the plaintiff, arising from damages which are a result of a collision between plaintiff and 1st defendant. Which collision was occasioned by 1st defendant’s negligent driving, whilst in the course of his work and scope of his authority with the 2nddefendant. The sum represents the damages plaintiff suffered.
(b) Interest thereon at the rate of 5% per annum from the date of issue of summons up to the date of full payment.
(c )Costs of... More
This is an application for condonation of the late noting of an appeal by the applicant in cases which pitted them and the respondent employer. Judgment was reserved in June 2015 on the understanding that the parties would file their heads of argument after the court had heard oral submissions. The applicants’ heads were not forthcoming until 17 March 2016 when there were brought before the court. On their face they are stamped 23 June 2015 but they did not find their way to the court in time for it to rule on the application. This explains the inordinate delay... More
Applicant applied for the review of disciplinary proceedings against him which were conducted by Respondent. Respondent opposed the application. During oral argument Applicant based his case on the improper composition of the disciplinary committee. Respondent conceded, and rightly so, that the committee was improperly constituted. Such a committee has no authority to conduct disciplinary proceedings, let alone to dismiss an employee. Authority for this proposition is found in the dicta of Sandura JA (as he then was) where he stated that an improperly constituted disciplinary committee “was a fatal irregularity which vitiated the proceedings.” More
This is an application for absolution from the instance at the close of the plaintiff’s case.
The factual background to this case is that on 12th September 2017, the plaintiff caused summons to be issued out of this court against the defendant. In his claim, plaintiff sought payment of the sum of US$150 000 being damages for malicious prosecution arising from plaintiff’s prosecution in the Magistrates’ Court. Plaintiff claims that the prosecution was at defendant’s instigation and that there was no reasonable or probable cause for his prosecution, which was activated by malice. The plaintiff was acquitted on the criminal... More
The facts of this case emanate from the effects of the Covid-19 pandemic. The pandemic had worldwide implications. The Respondent was obliged to close the doors to several of its hotels. Employees were required to stay at home. Respondent continued up to some stage to pay these employees when they were not offering any work. The record shows that the Respondent had several meetings with the employees’ representatives. Respondent resorted to paying 50% of the wages. It is also common cause that Respondent later retrenched a sizeable of the employees after having notified the Retrenchment Board which Board approved the... More
This is an application for rescission of a judgment of this court entered in default in favour of the first respondent on 26 June 2008 in terms of which the eviction of the applicant and those claiming occupation through him from premises known as 1495 Chiwaridzo Township Bindura was ordered together with costs of suit. More
Appellant worked for Respondent as the Packaging Unit Manager based in Harare. He was found guilty of misconduct and was dismissed from employment. He appealed against the dismissal to Respondent’s Appeal Officer who turned down the appeal. Appellant then appealed to this Court. Respondent opposed the appeal.
The grounds of appeal were four-fold. The first ground alleged violation of “audi alteram partem principles”. It was averred that Appellant was convicted of an offence which was not charged. The complaint dealt with matters of procedure as opposed to substantive matters on the merits. I consider that such procedural issues cannot found... More
