At the conclusion of submissions by counsel, the Court delivered a unanimous ex-tempore judgment. Counsel for the first respondent has now requested written reasons for the ex-tempore judgment.
2. It was couched as follows:
“We hereby present the unanimous decision of the court.
(a) This is an appeal against the whole judgment of the High Court (the court a quo), in which it struck off the roll an urgent application seeking to interdict the respondent from evicting the appellant from a certain farm known as the Remainder of West Hay Sabona Bon without a court order.
(b) The court a... More
This is an urgent chamber application in which the interim relief sought is that 1st respondent be barred and interdicted from evicting the applicant from a certain farm known as “the remainder of Westhey, Sabonabon Estate, Kadoma arbitrarily without a court order. As a final order, it is prayed that the provisional order be confirmed with respondents paying costs. More
In this case, the respondent alleges that he was employed by the appellant on 5 August 2011 up to October 2014. That he was guarding the respondent’s trucks and that a wage of $140-00 per month was agreed between the parties. More
This is an application for leave to appeal against a provisional judgmentfor the release of trust funds which I granted in favour of the respondent on an urgent basis on 8 June 2016. More
The facts of the matter are largely common cause. The appellant was employed by the respondent as a Test Technician. On 31 March 2015, around 7.30 a.m. he was in the factory, together with some other workers, when Mr Dumisani Mhlanga, came to the section where they were working. This was at the shrink wrap section. Mr D. Mhlanga, referred to in the minutes of the hearing as Dumi, is the Manufacturing Executive in the respondent’s firm. It is not clear whether Dumi passed by the appellant’s work section fortuitously or had actually gone there to supervise the workers. Whatever... More
This is an appeal against the judgment of the magistrate sitting at Harare in which he granted an order for the eviction of the appellants from certain premises
owned by the government. More
Respondent was employed by the appellant bank as a bank teller. She was charged for failure to comply with standing instructions or follow established procedures resulting in a substantial loss to the Bank. This was a violation of Category D (17) of the applicable Code.Disciplinary proceedings were conducted against her and she was dismissed. The facts of the case arethat the respondent approved a transaction, and in terms of the standing instructions she referred the client to the next appropriate bank employee. Thereafter the client or the application was referred to her superiors. The superior approved a withdrawal of forty... More
The brief facts of this case have been properly summarized by the respondent in its heads of argument filed on 3 March 2005 and are as follows: -
The appellant and the respondent entered into a written agreement in respect of property referred to as Number 4 Wellington Avenue, Belvedere, Harare (the property). The duration of the lease was for 12 months. More
The appellant was arraigned before the court sitting at Harare Magistrate’s Court for contravening s 52 (2) (a) of the Road Traffic Act [Chapter 13:11]-negligent driving. After a trial the appellant was convicted and sentenced to pay a fine of US$300-00, in default of payment to serve one month imprisonment. More
This is an appeal against an arbitral award dated 7 January 2013 the operative part of which reads as follows:
“1. The Respondent did not commit an unfair labour practice by not renewing Claimant’s contract.
2. Claimant’s claim of unfair dismissal is therefore dismissed for lack of merit.” More
This is an appeal against the decision of the respondent’s disciplinary authority which dismissed appellant following misconduct charges of stealing some number plates and 3rd plates from his workplace in contravention of the Public Service Regulations 2000 as amended. More
This is a composite court application for condonation for the late filing of an application for rescission of default judgment and the rescission of default judgment in terms of rule 29(1) of the High Court Rules, 2021. The default judgment was handed down by this court on 18 July 2022. In that judgment, the court ordered the applicant (who was the second respondent therein) to deliver to the first respondent (the applicant therein) the outstanding 1, 020, 26 cubic metres of granite blocks, alternatively, pay the sum of US$446 322.31 being the total value of the 1, 020, 26 cubic... More
The applicant approached the court on a Certificate of Urgency setting a Provisional Order in the following terms
“Final Order Sought
1. The decision of the first respondent in Case Number R254-7/15 R300/15 wherein she ordered that the exhibit amounting to US5 545.00 be given to the second respondent is set aside and replaced with the following decision.
2. Party (ies) opposing application to pay costs of suit. More
This is an appeal against part of the judgment of the High Court (the court a quo) handed down on 30 August 2023 granting to the appellant a decree of divorce and distributing the matrimonial assets of the parties to them. The part of the judgment being appealed against is the award of what has been, in essence, their matrimonial home, to the respondent, while according to the appellant a bed and breakfast business (B n B) consisting of a two roomed cottage that the parties constructed on a subdivision of the matrimonial home. More
