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
The applicant holds the right to occupy and use Subdivision 2 Wakefield in Chegutu measuring 280 hectares (the farm) through an offer letter issued to him by the respondent on 03 November 2018.
2. On 9 May 2022 he paid the total sum of ZWL$235 000 to the first respondent, through the Civil Division of the Attorney –General’s Office, to facilitate the registration, in his favour, of a 99 year lease over the farm in question.
3. The payment was the culmination of a process which had seen a surveyor- diagram, SGN 279/2014, being framed pursuant to the farm being... More
The Plaintiff petitioned this court for a prayer in the following terms:
a) An order setting aside the registration of transfer from the Plaintiff to the first Defendant under Deed Number 3541/2017 for a certain piece of land situate in the District of Salisbury called stand number 346 Northwood Township 2 of Sumben measuring 4 047 square meters.
b) Cancelation of Deed of Transfer Number 2144/2018 made in favor of the third Defendant for the above immovable property.
c) The fourth Defendant be ordered and authorized to effect transfer into the name of the Plaintiff and Li Wei Yong for... More
Plaintiff caused the issuance of summons against the defendants wherein he claimed:
1. Payment of an amount of US$ 10 402.42 (ten thousand four hundred and two United States dollars and forty two cents) being the duty amount levied by ZIMRA on a vehicle sold to plaintiff by defendants.
2. Payment of car hire charges at the rate of RTGS 600 (six hundred RTGS dollars) per day from 18 December 2019 to the date of release of the vehicle from ZIMRA or to the date of full refund of the purchase price by defendants.
3. Alternatively, failing (1) above, the... More
At all relevant times Turnall Holdings [“Turnall”] was a distributor of asbestos sheets. At all relevant times the appellant, then 55 years old, now 57, was employed as a dispatch controller and stationed at its Bulawayo depot. At all relevant times the complainant, Major Family Savings Group, was one of Turnall’s trading customers. More
