On 22 November 2022 plaintiff issued out summons claiming the following,
“ An order declaring the marriage Certificate No,113/1992 between the late Flaviano Vitalis Mahangate and the 1st Defendant solemnized on 22nd of July 1992 null and void as it was solemnized through fraud in that the late Flaviano Vitalis Mahangate and 1st Defendant misrepresented to the 2nd Defendant to the effect that the late Flaviano Vitalis Mahangate was 33 years old when in fact he was 37 years on the date of marriage and that the late Flaviano Vitalis Mahangate was a bachelor when in fact the late Flaviano... More
1. This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on 14 July 2022, under judgment number HB 188/22.
2. After hearing the parties, the court dismissed the appeal with costs. The reasons therefor appear hereunder. More
The applicant is facing a charge of public violence as defined in s 36(1) (a) of the Criminal (Codification and Reform) Act [Chapter 9:23]. The allegations as depicted in the Form 242 are that on 14 June 2022, the applicant in the company of accomplices, some of whom were arrested and are now on remand and others who are still at large, conspired to avenge the murder of one Moreblessing Ali. They resultantly engaged in acts of public violence in Nyatsime area in Beatrice. They burned down the house of ZANU PF Chairperson for Nyatsime area, one George Murambatsvina. More
This is an appeal against the decision of a Regional Magistrate sitting at Chinhoyi Magistrates Court. The appellant was convicted after a protracted trial on a charge of abuse of duty as a public officer in contravention of s174 (1) of the Criminal Law Code. He was sentenced to 36 months imprisonment of which 12 months imprisonment was conditionally suspended for 5 years. More
This is an unopposed Chamber Application for granting of an appeal, made in terms of Rule 19 (3)(b) of the Labour Court Rules, Statutory Instrument 59 of 2006 (“the Rules”).
Ordinarily, this is the sort of application that could be simply disposed of by way of acourt order, without the need to write a judgment. However, the factual background to this application reveals some procedural issues that, in my view, necessitate reasons for judgment.
The applicant filed his application on 17 June 2014 under Case No LC/H/APP/249/14. This was after the respondent failed to file heads of argument in the... More
This is an appeal against the determination of the Respondent’s Appeals Authority which determination was handed down on the 19th of May 2023 and served on Appellant on the 23rd of May, 2023.
The material background facts to the matter are as follows. The Appellant was employed by the Respondent as a Loss Control Manager. On the 17th of April 2023 he was notified that, following a complaint by his immediate supervisor, the Respondent had reason to believe he had committed two acts of misconduct namely;
(i) Contravention of Section 4 (g) of Statutory Instrument 15 of 2006 i.e. habitual... More
Applicants filed this application as an urgent application seeking a provisional order worded as follows:
“Terms of the final order sought
That the First Respondent, should show cause to this Honourable Court why if any a final order in the following terms should not be made.
1. That the First Respondent his agents workers or any person acting on his behalf or with his authority, be and is hereby permanently interdicted and restrained from allowing livestock to roam and or graze and or enter Plot 4 Helensvale Estate as appears on the new Sub-division lay out or any other property... More
This is an appeal against an arbitral award wherein the appellant was alleging unfair dismissal, nonpayment of wages and underpayment of wages by respondent. The arbitrator dismissed the case on the basis that it had prescribed. More
The plaintiff and the defendant were married in Harare on 25 April 1998. Their marriage was solemnized in terms of the Marriages Act [Chapter 5:11], then Chapter 37. Prior to that, the parties were in a customary union the rituals of which were performed in or about October 1997. The parties have one minor child, a son, Tanatswa, born in April 1998. More
This is an application for bail pending trial. The trial involving the applicant and his co-accused persons commenced but was postponed owing to the insufficiency of the time allocated. The applicant made an application for admission to bail after the postponement of the trial. The application was dismissed on the basis that notwithstanding the fact that some of his co-accused had been admitted to bail the evidence led sufficiently linked the applicant to the offence in that he was identified by the witnesses who testified as one of the persons who assaulted the deceased person. In view of the seriousness... More
The appellant was a supervisor based at Holiday Inn Hotel (the hotel) until 26 February 2015 when he was dismissed following disciplinary proceedings.
Following alleged acts of misconduct the appellant was charged in terms of category 5 offence 2 of the respondent’s Code of Conduct. The charge being any conduct or omission inconsistent with the fulfilment of the express or implied conditions of his/her employment.
The basis of the charge were three conducts. According to respondent following a tip off that fraudulent activities were taking place at the hotel through connivance of supervisors, cashiers and waiters specifically by way of... More
The appellant appealed against conviction and sentence on a charge of rape, for which he was convicted and sentenced by a Regional Magistrate sitting at Harare Regional Court. He was sentenced to 12 years imprisonment of which 3 years were suspended for 5 years on conditions of good behaviour. More
The appellant was a school Head. Two posts fell vacant at his school. The posts were advertised. After the requisite procedures had been followed, two people were interviewed. The appellant as Head of the school was part of the panel of interviewers. The other party was his Acting Deputy. The third person was a member of the parent body – School Development Association (SDA). The two candidates were Tendayi Nyahuye, who is also the appellant’ daughter and Susan T. Manquma who is the daughter of the Acting Deputy Head. More
