This is an application for condonation of late filing of application for review. A dispute arose between the Applicants and the Respondent which was referred for conciliation. The parties could not agree and the matter was referred to arbitration. Applicants were employed on fixed term contracts which were not renewed when they expired. Applicants alleged that they were on contracts without limit of time and the termination of whose contracts on notice was irregular. The arbitrator ruled in favour of the Respondent, dismissing the claim for lack of merit. The award was rendered on 18 September 2013. More
This is an appeal against the judgment of the High Court dismissing, with costs on a legal practitioner and client scale, an application for condonation of the failure to apply for the rescission of a default judgment granted in Case No. HC 2424/17 within the time stipulated by the High Court Rules 1971. The appellant had simultaneously filed an application for the rescission of the default judgment. However, this part of the application was abandoned following strenuous opposition by the respondents and with the concurrence of the court a quo. More
The appellant was charged and convicted of the following acts of misconduct under S.I.15 of 2006 of the National Employment Code of Conduct which reads;
“5.1. S4 (a) any act of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his or her contract.
5.2. (f) gross incompetency or inefficiency in the performance of his or her work.
A penalty of dismissal was imposed thereafter. His appeal to the Appeals Officer was dismissed hence the present appeal. More
The applicant who appeared in person sought the following relief: -
“IT IS ORDERED THAT
1. The application be and is hereby granted
2. The 1st Respondent shall within 10 days of this order instruct the 2nd respondent to finalise and advertise the supplementary account as provided for under the law
3. The 1st respondent shall instruct the 2nd respondent to commence the necessary court proceedings to recover all the estate’s unaccounted assets or proceeds from the unauthorised disposal of such assets, within 14 days of this order
4. 1st and 2nd respondent to pay costs jointly each paying the... More
: This is an application wherein an order is sought compelling the respondent to institute review proceedings against the decision of a magistrate to discharge one Irene Moyo at the close of the state case. The latter was on trial on stock theft charges. More
This is a claim based on an alleged breach of contract. The plaintiff claims that the defendant company is liable for the loss it suffered owing to the malfunctioning of an integral unit of its gold processing mill after the latter supplied and installed defective components. That section of the mill is known as the “agitation plant”. More
MAWADZE J: On 1 November 2017 after hearing arguments from counsel we dismissed this appeal for lack of merit. The reasons for the dismissal were given ex tempore. More
This is an urgent chamber application for an order interdicting the first, second, fourth and fifth respondents from effecting transfer into the name of the third respondent of rights, title and interest in the immovable property known as certain piece of land situate in the District of Salisbury called stand 11 Comet Rise Township 2 of Comet Rise A measuring 4 540 square metres and held under deed of transfer no. 6678/97. The property belongs to and is registered in the name of the second respondent, a company under judicial management. The first respondent is the judicial manager of the... More
On 20 August 2010 I dismissed this application with costs. The applicant has now placed before me a written request for the full reasons behind my dismissed of its application. The applicant says it needs the reasons because it intends to file an appeal in the Supreme Court urgently. I give here below the reasons for my ruling. More
In this matter plaintiff issued summons claiming;
a) payment in the sum of $42 448,78, for damages suffered arising from a motor vehicle accident which occurred on the 31st of December 2016, when 1st defendant, an employee of the 2nd defendant drove a motor vehicle negligently thereby causing plaintiff injuries and losses in respect of which plaintiff sues defendants jointly and severally.
b) Interest at the prescribed rate from the date of demand (19 March 2018) to date of payment.
c) Costs of suit. More
This court has time and again held that where an employee stands suspended or dismissed, he ceases to have any right to possess or occupy company property that he had entitlement to use as part of his employment benefits during the tenure of his employment. This is so unless the employee can prove some legal entitlement to continue holding onto the property. This call has generally gone unheeded as this court continues to be swamped with rei vindicatio applications by former employers seeking to reclaim their properties. This is one such case. More
At the conclusion of the hearing in this matter the appeal was dismissed with costs. It was indicated that the reasons would follow in due course. I now set them out hereunder. More
This is an appeal against the entire judgment of the High Court handed down on 3 May 2017. In that judgment, the High Court dismissed the appellant’s chamber application for a default judgment in terms of a Deed of Settlement. More
This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim which was instituted by way of summons for provisional sentence is for payment of a sum of US$2 506 132-86, together with interest thereon as stated in the summons, collection commission and costs of suit on the attorney-client scale. More
The applicant approached this court, by way of Chamber Book seeking an order in the following terms:
“1. The defendant shall pay to Plaintiff the sum of US$3 629 586.57 together with interest thereon at the rate of 15% per annum calculated from 1st October 2014 to date of full payment.
2.Defendant shall pay Plaintiff’s costs of suit on a legal practitioner and client scale” More
