The brief background to the matter is that the applicant and second respondent are embroiled in a dispute over a piece of land. It shall not be necessary to bring forth the entire history of the dispute over this land except to say on 20 September 2017 the second respondent obtained an order in its favour against the applicant in Case HC 8487/17 for a spoliation order. More
The factual background to this matter is that the plaintiff and the defendant have been married for 26 years from 1993 to date. In 1993 they were married in a customary union which was succeeded by a civil marriage in 1998. The couple subsequently sired three children during the subsistence of their marriage. They formed 4 companies and built four homes during the marriage among other assets. In December 2019 the defendant left their matrimonial home abandoning the plaintiff and their three children. The plaintiff then launched divorce proceedings against the defendant seeking a decree of divorce and ancillary relief. More
The applicant in this matter seeks an order declaring the legality of her occupation of a piece of farm land in Seke District and the nullification of the consolidation of that land with an adjoining farm. She also seeks the eviction of the 2nd respondent and an order for costs against him. The 1st respondent (the Minister) resists the application on the ground that the applicant’s right to occupy the land was withdrawn. More
This is an application for rescission of the judgment that was entered in default by this court on 28 October 2015. In this judgment the court dismissed the application for leave to appeal to the Supreme Court. More
The appellant is employed by the respondent as a primary school senior teacher. She was charged for admitting two grade two pupils into her grade one class without the authority of the school head. This was a violation of paragraph 3 and 24 of the First schedule of S.I. 1/2000 as amended “Paragraph 3 of the First Schedule (Section 2) of Statutory Instrument 1 of 2000 (S.1. 1/2000) provides:
3. “Failure to perform any work or duty properly assigned, or failure to obey lawful instructions including circulars, instructions or orders issued by the Commission, the Treasury or the Accounting Officer... More
This is an appeal against an arbitral award. The grounds of appeal can be summarized as follows:-
1. The Arbitrator misdirected himself on the law by shifting the burden of proof from Respondent to Appellant.
2. The Arbitrator erred on a question of law by basing his decision on the parties written submissions without holding an oral hearing.
3. The Arbitrator erred in finding that Respondent be paid a gratuity.
4. The Arbitrator misinterpreted Section 125 of the Labour Act. It does not oblige employers to prove cases for employees. More
The applicant filed this application under r 377 of the High Court Rules, 1971. The rule confers a right upon an applicant who obtains a judgment against a judgment debtor to move the court to compel a third party who owes a debt to the judgment debtor to pay the debt not to the judgment debtor but to the applicant. More
This matter arose from the change of ownership from BP and Shell Private Limited to the Appellant as a going concern with a clause inserted in the agreement guaranteeing the conditions of service of the employees. It is alleged the said clause was violated by the Appellant. After initial attempts to resolve the matter failed, it was referred to compulsory arbitration. More
The applicants approached this court seeking an order that Deed of Transfer No. 8361/2008 pertaining to stand number 2558 Glen Lorne Township measuring 18, 2024 hectares (the property) registered in the name of Estate Late Michael Tapomwa be cancelled in terms of s 8 of the Deeds Registry Act [Cap 20:05] (The Act).They also seek that Deed of Transfer No. 6050/2006 dated 23 August 2006, pertaining to the property, registered in the name of the first applicant be revived in terms of s 8 (2)(a) of the Act. They also seek costs against the first, second, third, fourth and fifth... More
This is an application for the review of the decision of the first respondent to compulsorily acquire what is in essence a suburban residential stand and to issue a preliminary notice in terms of s 5 (1) (a) of the Land Acquisition Act [Chapter 20:10] to the applicant, announcing the intention to do so for “Urban Development”. The decision to compulsorily acquire the developed piece of land, being stand 2558 Glen Lorne Township Harare, itself a well-developed urban suburb in the City of Harare which was established in terms of the Southern Rhodesia Government Notice No. 263 of 1959, was... More
The appellants were charged with and convicted of contravening s3(3) of the Gazetted Land (Consequential Provisions) Act [Cap 20:28]. They were both fined and had an ejectment order issued against them together with all those who claimed occupation through them. More
The plaintiff issued summons out of this court on 14 October 2009 claiming payment in the sum of US$8 769-44 for coal delivered and supplied to the defendant at the defendant’s special instance and request, interest from the date of the service of summons to the date of payment in full, collection commission and costs of suit. The action was contested. More
The respondent was employed by the appellant on a fixed term contract valid for a year – from January 2013 to December 2013. During the course of her employment she applied for maternity leave. Such maternity leave was granted for the period November 2013 to 31 January 2014.
When the contract expired by the effluxion of time while respondent was still on leave, appellant advised her of the same. The appellant also advised the respondent that her contract would not be renewed. The respondent challenged the non-renewal of her contract. Her challenge was based on the fact that she had... More
