This is an appeal against the whole judgment of the High Court, the court a quo, sitting at Harare, dated 17 June 2021 granting a declaratur to the effect that the Deed of Settlement signed by the parties on 13 November 2019 compromised the High Court order dated 26 February 2018, thereby creating new obligations between the parties. The court a quo also granted consequential relief flowing from the declaratur More
The parties to this action are Fredson Mabhena as plaintiff. He is described as a male adult whose address is given as that of his legal practitioners. Such description of the plaintiff does not accord with r 13(a) of the High Court Rules which states inter alia that the declaration “…shall state truly and concisely –
(a) the name and description of the party suing and his or her place of residence or place of business.”
Subrule 1 (c) provides that the same declaration “… shall state truly and concisely –
(c) the name of the defendant and his or... More
This is an appeal against an arbitration award made in favour of the respondent. The appellant was ordered to pay respondent a sum of $2 485.80.
The respondent was employed as a principal and a tutor by the appellant. At some point during the subsistence of the relationship a dispute ensued between the parties. It was alleged that respondent had opened an educational institution similar to appellant. Respondent was invited to a hearing and before the completion of the process the respondent referred the matter to a labour officer. It is unclear what transpired before the labour officer. However a... More
This case involves a long-standing factional fight between the members of a religious group, relating to questions of leadership and proprietary rights. The plaintiff seeks restoration of possession in respect of the church premises in Masvingo. It also seeks an order restraining any disruption of or interference with its lawful activities. The defendants assert their autonomy from the plaintiff and are vehemently opposed to the relief claimed by the plaintiff. More
The Appellant appeals against his conviction by Respondent’s Disciplinary Committee on count 1.2 under the relevant Code of Conduct. In particular Appellant was found guilty of contravening section 7 subsection (1) (b) (i) of the Employment Code of Conduct and Grievance Handling Procedure unsatisfactory work performance, that is to say being careless, negligent, insufficient or incompetence in the performance of duties. More
This is an appeal against the decision of the respondent employer’s internal appeals committee which upheld the appellant employee’s guilty verdict and dismissal penalty following charges of conduct inconsistent with his employment. More
This is an application for bail pending trial. Applicant is charged with three counts, being murder as defined in section 47(1) (a) of the Criminal Law [Codification and Reform] Act [Chapter 9:23] (Criminal Code); attempted murder as defined in section 189 as read with section 47 of the Criminal Code and malicious injury to property as defined in section 140 of the Criminal Code. It being alleged that on the 28th August 2021 at around 2100 hours applicant in the company of other accomplices assaulted complainants several times all over the body using booted feet, clenched fists, axes, machetes and... More
The respondent was employed by the applicant as its Finance Director. On 13 March 2013 he was dismissed from employment after he was found guilty of misconduct. More
The respondent was on 25 July 2001 offered employment to work for the appellant as Accountant Senior Bookkeeper (97 of record). Sometime in 2006 he was given a job as Accountant (page 94) and he accepted the job and its attendant duties. On 28 July 2010 he was appointed Finance Director effective from 25 July 2010. He was Head of Finance in the organisation and his responsibilities “remained the same”. He also became part of the Board of Directors. More
This is an application for absolution from the instance.
The test is simply whether at the close of the plaintiff’s case, there is evidence upon which a reasonable court might find for the plaintiff.
The test is not whether the evidence led by the plaintiff established what would finally be required to be established, but whether there is evidence upon which a court, applying its mind reasonably to such evidence, could or might (not should or ought to) find for the plaintiff. More
The plaintiff’s claim against the defendants can be summarised as follows. In March 2021, the first defendant gave an oral mandate to the plaintiff for the clearance of goods in transit from South Africa to Zambia via Zimbabwe. The defendants misrepresented to the plaintiff that the good were destined for Zambia. As a result, the plaintiff entered what is known as a ‘removal -in-transit’ entry into the Zimbabwe Revenue Authority ( ZIMRA) system so that the goods would not be levied duty and taxes on the assumption that they were in transit. Such duty and levy would have been paid... More
This is an appeal against an arbitral award in terms of which the appellant was ordered to pay a total amount of US$7 158,06 to the respondent, as outstanding salaries and notice pay.
The brief facts of the matter are that the respondent was employed by the appellant as Human Resources Officer. The contract of employment was terminated on what appears on record to be a mutual termination of employment.
The respondent referred the matter to a Labour Officer for conciliation, alleging unfair dismissal. When conciliation failed, the matter was referred to compulsory arbitration, leading to the contested arbitral award. More
Contracts are wealth-creating vehicles for corporations, partnerships and business-minded persons. Where their terms are clear and unambiguous, such must be given effect to. The parties must adhere to the same. That is so as contracts are different from social agreements. They are enforceable at law. More
