Forum shopping is what this matter is all about. In a spectacular comedy of errors that would have made the legendary court jesters of the mediaval king’s palacegreen with envy, the applicant achieved the impressive feat over a period of about 3 years, to approach every conceivable tribunal or court that could possibly deal with her labour dispute, managing to finally land on the door step of this court virtually panting, breath less and perspiring, from the long years of travail, with what she christened a court application for a declarator that; More
: On 24 January 2022 a Court application for the registration of a Labour Court Order was filed in the matter between TakawiraMunyanyi, Amos Magoronga and Elizabeth Glaser Pediatric Aids Foundation under case No HC 436/2022. More
This is an appeal against the arbitrator’s decision where she ruled that appellant employer had underpaid respondent’s employees’ gratuity when it used the industry code calculations as opposed to the model contained in the employees’ handbook forming part of the contract and which contained more favourable provisions.
The background to the matter is that the respondent employees who were in the appellant’s employ had their contracts terminated by efluxion of time. Their contracts were to be read in conjunction with a handbook which provided for among other issues the provision or gratuity or severance upon the expiration the contract. More
The Appellant was employed by the Respondent as a canteen assistant on various fixed term contracts, the last of which terminated on the 30th of November, 2012. The Appellant thereafter referred a complaint of an unfair labour practice based on section 12B (3) (b) of the Labour [Cap 28:01] to the Labour officer. When the Labour officer failed to conciliate the matter was referred to compulsory arbitration. The arbitrator after considering the evidence and submissions made before him issued an award finding that there was no basis on which a legitimate expectation of the renewal of her award could have... More
The plaintiff issued summons out of this court seeking an order in the following terms:
1. “That plaintiff be declared the owner of stand No 6203 Mabvuku.
2. That second defendant facilitates that the first defendant cedes to the plaintiff Stand No. 6203 Mabvuku within 7 days of granting this order failure of which the Deputy Sheriff is authorized to sign all necessary documents to effect transfer into plaintiff’s name.
3. That the third defendant accepts and act on the documents signed by the deputy sheriff should first and second defendants fail to comply with clause 2.
4. That the... More
In their application,the applicants claim to have purchased immovable property,known as a certain piece of land situate in the District of Salisbury, called stand 346 Good Hope, Township of Subdivision B of Good Hope, measuring 4000 square meters, from one, Douglas Dodzo, in 2002. The second respondent, the executor of the estate, late Johanna Francisca Logan, had, on the 15th of August, 2000, sold the mentionedproperty on behalf of the estate, to Douglas Dodzo. Title did not pass from the late Johanna Francisca Logan’s name, into that of the purchaser, Dodzo, up to date.The property is still in the name... More
This application filed on 10 January, 2017 was accompanied by a certificate of urgency supporting the need to have the application heard on an urgent basis. It was averred that the applicant, a medical doctor was due to be evicted from her medical premises or surgery on 17 January, 2017. It was averred that the party seeking the applicant’s eviction appeared to have acquired the property in fraudulent circumstances. More
Appellant appealed against her dismissal from employment by Respondent. With the consent of Respondent, she amended her three grounds of appeal by dropping the first 2 grounds. The remaining ground was amended to read as follows,
“The allegations of misconduct are far fetched, ill-conceived and there is no evidence led to prove the allegations of misconduct.”
Respondent opposed the appeal.
The crisp issue became whether the evidence tendered proved the offence charged. The charges were fraud and an act inconsistent with the conditions of the employment contract. It was specifically alleged that,
“… you wrongfully, unlawfully and fraudulent misrepresented information... More
I heard this application on 24 November, 2017. I delivered an ex tempore judgment in which l granted the application as per the draft order.
On 31 May, 2018 the High Court registrar wrote advising that the respondents appealed my decision of 24 November, 2017. He stated that reasons for the same were requested. More
The applicant Elizabeth Manhenga approached this court seeking dismissal of case number HC3420/17 for want of prosecution in terms of r 236 (4). The application she wants dismissed is an application for condonation of late noting of an appeal duly filed by the respondent. The facts of the matter are that the applicant and respondent who were customarily married appeared before this court in case HC3348/14 seeking an order for property sharing as between them. Judgment was then delivered on the 8th of March 2017 under case no HH152/17 wherein the applicant was awarded 50% share of property described as... More
This matter commenced as a trial cause with the Plaintiff issuing summons against the 1st to 4th defendants. It is common cause that the 1st defendant is a legal persona registered as a co-operative society under the Co-operative Societies Act [Chapter 24:05].The plaintiff averred that she joined to be a member of the 1st defendant (hereinafter referred to as “Ngungunyana”) sometime in 2006. She added that she was allocated Stand No. 14473 Budiriro, Harare, by Ngungunyana. The plaintiff submitted that on 13 February 2019, she was advised that her premises on the aforesaid stand was being demolished. In her declaration,... More
On the date of hearing of this appeal, the respondent raised two preliminary points. The first preliminary issue was that the appellant’s heads of argument were filed out of the prescribed time frame. The second issue was that the grounds of appeal did not raise questions of law and therefore improperly before the court. More
This is an application for condonation of late filing of an application for rescission of the default judgment against the applicant. The default judgment was granted on 24 February 2016 under cover of case number 2906/15. More
The first plaintiff’s name is Elizabeth Musavengana and not Rebecca Musavengana as was wrongly perpetuated in the pleadings in this matter, while the deceased who was represented by Kudakwashe Chikwara (the 2nd plaintiff) was during her life time called Rebecca Derera and not Elizabeth Derera as was also wrongly perpetuated in the pleadings. The two women were married to the same man in a polygamous union. I have mero motu corrected the errors in question as I conceive of no possible prejudice that would visit any of the parties involved in these proceedings. In any event, when the first plaintiff... More
