This is an application for rescission of a default judgment issued by JUSTICE CHIDZIVA on 12 February 2016. The facts of the matter are common cause. On the date of the hearing, that is 12 February 2016, both parties did not attend the hearing. It is also common cause that the respondent had not received notice of the hearing. However, applicant had been served through its erstwhile legal practitioners. The Court proceeded to grant a default judgment in the circumstances. Applicant thus applies for the rescission of that default judgment. I should also mention that applicant has since changed its... More
On 20 November 2013 I issued an order sitting in Chambers directing the Senior Labour Officer to refer the matter to arbitration within 30 days of the order. On 3 January 2014 Applicant wrote to the Registrar requesting for the reasons for that order. The following are the reasons for that order. More
The intriguing legal issue raised in this application is whether or not a deceased during their life time can donate inter vivos an immovable property registered in the name of a company and if so, the legal consequences arising therefrom.
[2] The facts of this matter are presented very simply by the applicant. She is the daughter of the later Matthew Chimbgandah (the deceased) who passed away on the 14th of March 2019. His estate under DR. 805/19 is being administered by the 1st respondent in his capacity as the executor. More
The respondent was employed by the appellant as a bank teller. He was, at the material time, based at the appellant’s Masvingo Branch. The respondent and a workmate, one Happymore Muzara, had joint responsibility for the appellant’s two ATM machines, installed at the Bank and Building Society divisions. The machines were within easy walking distance of each other.
The respondent and Muzara exercised what is referred to in the record as joint custodianship of the ATM machines. Their responsibilities included loading cash into the machines, and ensuring that the transactions carried out balanced. Any deficit or surplus had to be... More
This is an appeal against the decision of the National Employment Council Appeals Board for the Banking Undertaking (Appeals Board) handed down on 14 October 2014. The Appeals Board set aside the dismissal of the respondent from employment, and ordered that she be reinstated without loss of salary and benefits. More
This is an appeal against the decision of the NEC Banking and Undertaking Appeals Committee (N.E.C) which set aside the decision of the Grievances and Disciplinary Committee(G.D.C.) and ordered that respondent employee’s dismissal from employment be set aside and that she be reinstated to her original position without loss of salary and benefits. More
Appellant grounds of appeal are two-fold. They read as follows,
“1. The arbitrator erred grossly on the facts and at law by finding that the Appellant had the onus of proving on which date Respondent was served with the appeal hearing decision.
2. The arbitrator erred grossly on the facts and at law by making an uncorroborated allegation that an employee always has an interest to protect his employer’s case and finding that whatever the employee then says as a witness is false.” More
This is an application for rescission of a default judgment granted by this Court on 7 November 2023.
The brief procedural history of the matter is as follows. First Respondent filed an appeal with this Court in Case Number LC/H/18/23. On the hearing date, that is, 31 May 2023, Applicant was in default and the Court allowed the appeal. Applicant thereafter did not file an application for rescission timeously. This led to the filing of an application for condonation of the late filing of an application for rescission of judgment under case Number LC/H/747/23. On the hearing date, which was... More
This is an appeal against the decision of the Appeals Board for the National Employment Council for the Banking Undertaking (NEC Appeals Board), which reversed Appellant’s Disciplinary Committee’s decision to dismiss Respondent from employment after it found him guilty of misconduct in terms of the applicable NEC Code of Conduct. More
It is pertinent to highlight the factual background to HC3727/18 in order to place the present application into perspective. The first to fourth respondents herein instituted motion proceedings in terms of Order 49 Rule 449(1)(a) of the High Court rules (the rules) under HC3727/18. The application sought the setting aside of a court order granted by TAKUVA J on 7 October 2013 under HC7402/13 on the basis that it was erroneously made. In HC 3727/18, the first to fourth respondents herein were the applicants, while the applicant herein was the first respondent. The fifth to ninth respondents herein were the... More
This is a matter in which plaintiff instituted action against the first, second, third, fourth and fifth defendants claiming against all the defendants jointly and severally the one paying the others to be absolved payment of (a) the sum of $79 371.94 (b) interest on the sum of $79 371.94 at the rate of 35% per annum calculated from the 3rd September 2013 to the date of payment in full (c) collection commission in terms of the Law Society of Zimbabwe By Laws 1982 and (d) costs of suit on the attorney and client scale. More
This is an application for vindication. The applicant gives the background to the application in the following terms:-
“4. Respondent was employed by the applicant as a Brach Manager. As part of his
employment benefits,respondent was allocated a motor vehicle for his duties namely a motor vehicle Isuzu Registration Number ABC 4719. The enjoyment of usage of this vehicle attached to the office holder of Branch Manager for the applicant.
5. Respondent’s contract of employment was terminated on 29 September 2009 following disciplinary proceedings. An appeal was lodged. The respondent has an appeal pending in the Labour Court where he... More
Applicant seeks an order for the re-registration of mortgage bonds as well as a caveat on a piece of land described as Stand Number 80 Borrowdale Brooke Township of Subdivision H of Borrowdale Brook Estate. This immovable property, (“Stand 80 Borrowdale Brooke”) being 5,0445 hectares in extent is held by Honeypot Investments (“Honeypot”) the second respondent hereto. More
This application was filed as a chamber application for leave to appeal MABHIKWA J’s judgment, which judgment granted the 1st and 2nd respondents’ application for condonation for late filing of an application for review. The chamber application was duly placed before the Judge who ordered that it be referred to the opposed roll. This order was given on 10th March 2020. In compliance with that order the chamber application was referred to the opposed roll and finally set down for hearing in 2022. More
After a selective tender process, applicant (“FBC”) awarded a US$24,867,340,0228 contract for the construction of its head office in Borrowdale, Harare, to first respondent (“Zimbabwe Nantong”). A principal term of the contract was that payment of the United States Dollar (USD) contract price would be made in the local currency- “ZWL”. The contract documentation carried two sets of exchange rate formulas applicable to the USD-ZWL conversion concerned. These formulas were expressed as follows;-(i) “The Bills of Quantities will be priced in USD and payments will be made in ZWL equivalent” and (ii) “The payment to the contractor will be made... More
