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 a composite application for condonation and extension of time within which to file an application for Leave to Appeal to the Supreme Court and an application for leave to appeal to the Supreme Court.
This Court rendered a judgment on 22 April 2024 in which it dismissed Applicants’ appeal against the decision of the Designated Agent. In terms of the Labour Court Rules, 2017, Applicants were supposed to have filed an application for leave to appeal to the Supreme Court by 22 May 2024. They did not. 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
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
