This is an appeal against the decision of the National Employment Council for the banking undertaking’s appeals board.
The Respondent was employed by appellant at its operations centre as a data input clerk. She was charged in the main for any serious act, conduct or omission inconsistent with fulfillment of the express or implied conditions oh her contract” as provided for under category “D” section 11(1) of the applicable code of conduct under S.I. 273/00, and alternatively breaching category “D” section 11(5) namely ‘fraud’. More
This is an application for leave to appeal to the Supreme Court a
decision of this Court handed down on 24 January 2020.
In considering applications of this nature, the court must consider whether
the applicant has reasonable prospects of success on appeal. See the case of Mendson Mjulumba Mpofu v National Social Security Authority SC 72/15. Further, for the application to succeed, it must be on points of law as is required by section 92F (1) of the Labour Act [Chapter 28:01] (the Act). More
The employee was charged with and convicted of two counts of “any serious act; conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract in terms of the relevant code of conduct. It was specifically alleged that the employee had on two occasions encashed a total of US $2 590.00 and also facilitated encashment of US $1 000.00 by signing on the withdrawal slip without the necessary mandate to do so. The employee had been employed in the employer’s NGO branch which served employees of non-governmental organizations (NGO’s) who were the Bank’s customers. These... More
On a bitterly cold winter night of 18 July 2009, the plaintiff’s semi luxury coach, a scania registration number AAZ7875 driven by Albert Bendurawhich plies the Harare – Lusaka route, was on a routine return trip from Lusaka Zambia along the Harare /Chirundu road and had just taken off from Karoi, when it was involved in a collision with an AVM omnibus registration number AAF5935 belonging to the second defendant which was being driven by the first defendant. More
On 1 August 2007 the applicant herein, under Case No HC 4094/07 issued a summons against the respondent herein claiming special damages in the sum of $4 102 500 000 in Zimbabwe dollars. The respondent (defendant) entered an appearance to defend and the matter proceeded in due to be set down for trial. A few days before the matter was due to be tried on the continuous roll the defendant filed a consent to judgment as set out in the summons and declaration. On 4 January 2009 judgment was entered for the applicant (plaintiff) in accordance with the consent filed... More
This is an application for condonation of the late noting of an appeal against sentence only. The applicant was convicted of 2 counts of rape by the Regional Court, he was sentenced to 17 years imprisonment in respect of each count giving a total of 34 years imprisonment of which 4 years imprisonment were suspended on the usual conditions, leaving him with 30 years effective. It is applicant’s submission that the sentence is too excessive as he is a first offender, and was the sole bread winner. More
This case demonstrates the need for contingent measures to be taken to curtail the abuse of the criminal justice system by litigants pending court operations becoming fully paperless.
[2] On 10 August 2018, under HCA (COND) 65/18, MOYO J sitting at the High Court, Bulawayo dismissed First Gasura’s application for leave to appeal out of time in respect of the sentence imposed on him by the Regional Court sitting at Gokwe on 16 September 2016.
[3] Gasura is the applicant in this matter.
[4] Undeterred and having decided to shop for a different judicial officer, the applicant, on 16 September... More
The plaintiff company is the owner of a building in Bulawayo, simply described as Rhodian House. On 1 October 2012, the plaintiff (as the landlord) entered into a lease agreement with the first defendant (as the tenant) wherein the plaintiff leased Shop 2 Rodian House, 95-97 Jason Moyo Street, Bulawayo to the first defendant. On 4 October 2012, the second and third defendants bound themselves in writing as a Surety and Co-Principal Debtors for the performance by the first defendant of its obligations in terms of the lease agreement. More
Losely defined, a lease is an agreement in which one party (lessor) offers his property (subject matter of contract) on hire to another (lessee) for a certain fixed sum of money (rent) which is paid periodically. The lessor-lessee agreement is either written or verbal. Where it is written, its clauses spell out the rights and obligations of the parties and all matters which are ancillary to the contract. More
On 1 may 2003 the applicant entered into a lease agreement with the first respondent in respect of the ground floor of premises known as Building No. 3 Located on Lots 24 and 26 Arundel Office park, Norfolk Road Mount Pleasant, Harare (the property). The lease agreement was for a period of three years, terminating on 30 April 2006. The lease agreement was, in terms of clause 2, renewable. Clause 2 of the lease agreement provides as follows:-
“2 LEASE
2.1. The Lessor lets to the Lessee who hires the premises for the lease period.
2.2. At lease three calendar... More
The applicant filed a court application claiming payment by the first respondent of the sum of US$20 000-00, together with interest and costs. This was money lent and advanced by the applicant to the first respondent in terms of a written agreement of loan signed by the parties on 17 August 2022. The first respondent opposed the application. After reading the documents filed of record and hearing argument from both sides, I granted the order sought. More
On the return day of the rule nisi I confirmed the provisional order and dismissed the counter application indicating that the reasons will follow. These are the reasons. This is the return day of the rule nisi issued by this court on 10 May 2007 interdicting the two respondents (applicants in the counter-application hereinafter referred to as “respondents” or “first and second respondents”) from using applicant’s (respondent in the counter-application hereinafter referred to as “applicant”) two Mercedes Benz motor vehicles registration numbers AAA 3378 and AAA 4417 and directing the respondents to surrender to applicant the said motor vehicles immediately.... More
This matter was previously set down on 30 June 2010 before Matanda –Moyo J. The Judge issued an order for the matter to be postponed sine die. The matter was to be set down once the Heads of Argument were filed. The matter was re-set for 13 February 2014and none of the parties have appeared. The return of service shows that the offices of the union have relocated to an unknown address, which means that the respondent was not served. However, the return in respect of appellant shows that it was served on Wintertons Legal Practitioners on 24 January 2014.... More
On the 26th of July 2022, the parties appeared before me and made submissions on the preliminary points which had been raised by the 4th and 5th respondents. After hearing arguments from both sides, a judgment, number HH620/22, on the technical objections was subsequently delivered on the 15th of September the same year herein incorporated as part of this judgment. An application for leave to appeal was immediately noted in terms of the governing rules resulting in the filing of the same within the prescribed period. After several false starts the respondent opted to withdraw their application for leave to... More
On 6 November 2015 arbitrator J Chihlaba issued on arbitration award at Harare. He ordered appellant to pay respondents their notice pay which the former had withheld. Appellant then appealed to this Court against the award. More
