The appellant was convicted on 20 September 2010 of contravening section 65 of the Criminal Law Codification and Reform Act [Chapter 9:23]. He was sentenced to 10 years imprisonment of which three years were suspended on condition of good behaviour. More
This is an appeal against the determination of the National Employment Council Tobacco Industry Grievance and Disciplinary Committee (GDC), which upheld the dismissal of the appellant from the respondent’s employment. More
Appellant worked for Respondent as a Meat Inspector based at Chivhu General Hospital. He was charged with misconduct (corruption and incompetence). A hearing was held which led to his conviction and dismissal from employment. Appellant appealed against his dismissal but Respondent dismissed the appeal. Appellant then appealed to this Court. More
On the 6th May 2021 at Harare the Designated Agent (DA) A. Masiya made a determination. He ruled that Appellant had been fairly dismissed from employment by Respondent. Appellant then appealed to this Court against the determination . Such an appeal is provided for by Section 92D of the Labour Act Chapter 28:01. More
On 20 December 2018, the appellant appeared before the Provincial Magistrate Mutare facing Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The State alleged that on 1 August 2018 and at Zimunya Business Centre, Mutare, the appellant and other unknown accomplices all and each one or more of them unlawfully pulled Ronald Mhlanga to the ground, hit him with a metal object on the neck forcibly grabbed his neck in order to steal Ronald Mhlanga’s black shoes, solar light, sun hat and $13.50. He pleaded not guilty but was convicted after a... More
DUBE-BANDA J: This is a court application for extension of time within which to file leave to appeal. The application was filed on 6 October 2020. Respondent filed a response on 20 October 2020. Applicant filed heads of argument on 23 October 2020. This matter was set-down for 12 November 2020. It was postponed to 26 November 2020. On 26 November, the matter did not take off. On 17 February 2021, I informed the parties, via the office of the Registrar that I intended to dispose of this matter on the papers, without oral submissions. I directed that parties file... More
This is a judgement in respect of an appeal brought against an arbitral award handed down by the Honourable Mr C Dangarembizi dated 30th January, 2013. More
The applicant is a peregrinuslegal entity. It is incorporated according to the laws of the Democratic Republic of the Congo where it is domiciled. Its principal object is to carry on the business of transport contractors and general merchants, among others. More
MAKONESE J: This is an application for summary judgment wherein applicantseeks that summary judgment be entered in favour of the applicant against the respondent. The application is made on the basis that the respondent does not have a defence to applicant’s claims. It is intended by the applicant that appearance to defend was solely entered for the purpose of delay and as an abuse of court process. For this reason costs are sought against respondent on the punitive side of legal practitioner and client scale.
The application is strenuously opposed by respondent. Respondent avers that there is a dispute between... More
The facts to the appeal were fairly straightforward. The appellant had filed an application for custody in the Magistrate’s Court, of his minor child born on 22 October 2020. The mother of the child was the respondent’s daughter, the now late Rutendo Natalie Eugenia Chanakira to whom the appellant was married to in an unregistered customary law union. She had been staying together with the appellant up until sometime in February 2022 when left the matrimonial home in light of domestic disenchantments. She had died some two weeks later. When she left the matrimonial home together with the child she... More
The parties were married to each other in terms of the Marriage Act [Chapter 37] on 27 September 1985. They have 5 children together all of whom are now majors. The plaintiff instituted proceedings for divorce on 17 June 2011 after almost 16 years of marriage. The matter before this court is premised on the joint pre-trial conference minute dated 10 October 2013. Two issues are for determination. The first issue is whether or not the marriage relationship has irretrievably broken down. The second issue is whether or not it is fair and just that the parties share the matrimonial... More
The plaintiff and the defendant married each other at Chipinge on 25 January 2002. They were married in terms of the Marriages Act [Cap 5.11]. In her evidence the defendant told the court that they initially contracted a customary union in 1990, which they upgraded by entering into the subsequent civil marriage. More
This is an appeal against the determination of the respondent’s Works Council, which upheld the dismissal of the appellant from employment.
The factual background to the matter, briefly outlined, is that the appellant was at the material time employed as a Boiler Operator. On 18 September 2020, he was on duty at the boiler section, operating Boiler Number 2. The boiler had low levels of water when it was being operated. As a result, it overheated and collapsed. The damage cost the company US$120 000 in repairs. More
The applicant and the first respondent are beneficiaries of the land reform programme having been allocated, by offer letters, neighbouring farms namely Subdivision 1A and B Angwa Farm in Makonde District of Mashonaland West Province occupied by the applicant and Subdivision 5 and 6 Angwa Farm occupied by the first respondent. More
The appellant was convicted of contravening s 66 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23] for which he was sentenced to ten years imprisonment of which six years were suspended on condition of good behavior. He noted an appeal against both conviction and sentence More
