The matter was placed before me as an appeal/cross-appeal against an arbitral award handed down by Honourable Mucheche on 28 October, 2010. For convenience the Appellant/Cross-Respondent shall be referred to as Appellant whereas the Respondent/Cross Appellant shall be referred as Respondent. More
The applicant was employed by the respondent as its Chief Executive Officer. On 27 October 2010 he obtained an arbitral award against the respondent under the Labour Act [Cap 28:01] in the following terms:
“In the final analysis therefore, I order that respondent pay the claimant as follows:
1. Backpay and benefits in the sum of US$19 384-09
2. Cash in lieu of leave
3. Sixty (60) months salary from 26 January 2010 as damages for loss of employment in the sum of US$60 540-00
4. Sixty (60) months salary as punitive damages in the sum of US$60 540-00
5.... More
On 29 September 2020 I made a default order after giving an extempore judgment. The first respondent has requested for full reasons why the order was granted. The matter came before me on the opposed role. The applicant is a sergeant in Zimbabwe Republicpolice based at Ngundu police station. He avers as follows in his founding affidavit: On 15 April 2020 1st respondent issued a radio directing the Dispol Masvingo West to institute disciplinary proceedings against him and another workmate. On the same date another radio was issued by first respondent effectively transferring applicant to MashokoPolice Station. On 16 April... More
The appellant was employed by the respondent as an Accounting Assistant. Following an audit carried out in the department where the appellant worked, he was charged with misconduct in that he had made fraudulent claims to the prejudice of the respondent. He was brought before a disciplinary committee which found him guilty and recommended his dismissal from employment. The appellant has appealed to this court against the decision to dismiss him. More
This is a purported referral to this Court in terms of s 175 (4) of the Constitution of Zimbabwe. The matter was argued before this Court on June 4, 2014. Judgment having been reserved, it is a matter of regret that unforeseen circumstances resulted in the delay in rendering this judgment. More
In this application, the applicant seeks an order compelling the first respondent to sign documents necessary to transfer a property in SekeChitungwiza to him. He alleges that he purchased the said property from the first respondent and has produced an agreement of sale brokered by Moonwave Properties t/a Maps Asset Management which he says was signed by the parties. More
The appellant in this matter, a claimant in the court a quo had claimed ownership of a Ford Transit motor vehicle registration No ACU 3159 through interpleader proceedings. The court a quo dismissed his claim and aggrieved by such a decision he appealed to this court. More
Following a leadership dispute in the African Apostolic Church (VaApostora VeAfrica) which is the tenth respondent in this matter, the applicant approached this court by way of a court application in case number HC 2402/20 for a relief. He petitioned the court in his capacity as an interested party, reverend and church member for a declaratur to set aside the purported appointment of the first respondent, Alfred Kushamisa Mwazha as the successor to the founder and Archbishop of the church, Paul Ernest Mamvuru Mwazha (Paul Mwazha) now a centurion at 102 years. The first respondent together with the second, third... More
The Appellant got engaged in the Respondent’s employ on 1 September 2012 after signing the offer letter on 16 July 2012. The letter specified that the Appellant was to begin work on 1 September 2012. The Appellant was given another contract to sign when he was already in employment. The Appellant refused to sign it and this began the legal tortuous route leading to his dismissal culminating in arbitration proceedings and finally to this Court. The Arbitrator ordered payment of damages in lieu of re-instatement. The Appellant is dissatisfied with the award and the Respondent is equally unhappy and has... More
This is an application for condonation for late noting of appeal and not for extension of time within which to appeal as well. The applicant was charged and convicted of two acts of misconduct. A penalty of dismissal was imposed. The acts of misconduct were also reported to the police but the criminal charges did not succeed. The charge was that of conduct inconsistent with the fulfillment of the express or implied conditions of his contract- section 4a of Statutory Instrument 15 of 2006. More
When parties appeared before the Arbitrator, the respondent put forward a claim of a total of thirty three thousand two hundred and sixty four US Dollars (USD 33 264.00). The Arbitrator thereafter awarded him a total of twenty three thousand one hundred US Dollars
(USD23 100.00) made up of 25 months’ salary at the rate of USD924 per month as damages for loss of employment. The operative word here is “damages for loss of employment”. The appellant in ground 3 has taken issue with the Arbitrator’s use of the word “additional compensation.” What I understand is whether or not the... More
The appellant was formerly employed by the respondent as an operations manager. Together with a colleague, he was charged with contravening s 4(d) of the Labour (National Employment Code of Conduct) Regulations 2006, S.I. 15 /06 (“the National Code of Conduct”). The allegations against the appellant and his colleague were that on divers occasions between January 2006 and October 2006, they had presented to the City Council of Harare fraudulent quotations in respect of a project for the purchase of computers in the absence of council approval. They were also charged with two counts of contravening s 4(f) of the... More
This is an urgent application for spoliatory relief. The applicant seeks a provisional order couched in the following terms:
Terms of final order sought
1. That the interim relief be and is hereby confirmed on the return date to the effect that:
1.1. Second respondent retain in its possession, applicant’s motor vehicle, being an Isuzu Double Cab with Registration number AFK 3062, pending the determination of the dispute between the parties under Case No. 891/19 (Case No. Civ 57/19);
1.2. It be and is hereby declared that applicant is the owner of the above motor vehicle; and
1.3. The agreement... More
