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
- Appellant was employed by the respondent as its Operations Manager at Avenues Clinic.
- On the 4th of June 2015 appellant was suspended from work without salary and benefits.
- Appellant was eventually charged with theft or fraud in terms of Section 4 (a) “Any act of conduct on omission inconstant with the fulfillment of the express or implied conditions of his or her contract”. The charges were based on allegations that the appellant had encashed leave days in excess of the available leave days and also that she had defrauded the company of US$5 520,00. More
This is an appeal against an arbitral award which dismissed appellant’s claims against the respondent. Appellant was employed by respondent from 2 May 2009 to 7 April 2015 when he was dismissed following charges of misconduct. Appellant was a till operator. After his dismissal appellant made a claim of alleged under payment of wages and non-payment of overtime. The arbitrator dismissed the claim on the basis that appellant had failed to prove his claim. Appellant was disgruntled and filed this appeal. More
The appellant was employed as an accounts clerk in the Ministry of Justice, Legal and Parliamentary Affairs. He performed his duties at the Deeds Registry. His duties included calculating stamp duty receipting the monies received and filing documents for registration of title deeds.
Following allegations of fraud in that appellant under receipted public funds received he was charged in terms of the Public Service Regulations, 2000. Five charges were initially preferred against the appellant. More
The plaintiff issued summons claiming damages in the sum of US$752 000-00 from the defendant. The claim arises from a temporary closure of the plaintiff’s mining operations at its mine, Vubachikwe Mine in Gwanda. More
This is an appeal against an arbitral award.
The appellant was initially employed by the respondent as a general hand in October 2001. He was then transferred to respondent’s Pomona Service Station where he worked as a forecourt attendant until 3 March 2011 when the employment relationship was terminated.
It is the respondent’s case that the appellant voluntarily resigned by tendering a resignation letter. More
This is an appeal against the determination of an arbitrator.
Arbitrator was to determine:
(i) Whether or not the employee was brought before a medical board.
(ii) Whether or not the case is now prescribed.
The arbitrator made factual findings on the basis of evidence before him that the Appellant was placed before a Board (Medical) and was advised to report for duty but that he did not do so. Secondly, the Learned Arbitrator made a finding that the dispute [which arose some four (4) years before the matter was brought for resolution] had prescribed. More
This matter concerns an insurance claim arising from an accident involving one of the plaintiff’s motor vehicles. The plaintiff seeks a declaratory order that its insurance cover with the 1st defendant was effective and operational as from 1 January 2009. It further seeks an order for the 1st defendant to meet its claim, submitted on 4 March 2009, within 14 days of judgment. More
This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. On the 11 June 2020, applicant appeared before the Gwanda Magistrate’s Court, whereupon he was placed on remand and detained in custody. Since the applicant is facing a murder charge, an offence specified in the Third Schedule, the magistrate had no jurisdiction to entertain his bail application. This is so in terms of section 116 (c) (iii) of the Criminal Procedure and Evidence Act [Chapter 6.09], (the Act)... More
In argument before this court respondent focused on appellant’s failure to exhaust domestic remedies. Appellant did not give a written response to the argument. In his oral submissions he simply stated that he was advised to appeal to this court. As he appeared in person, he was apparently unaware of the requirement to exhaust domestic remedies.
Indeed such remedies are provided for by the National Employment Code enacted as S.I. 15/06. Section 8 of the Code provides for an appeal to an Appeals Officer against the decision of a Disciplinary Committee (DC). Appellant in casu was aggrieved by the decision... More
This is an opposed application for the amendment of the plaintiff’s declaration in the main matter in HC 2048/18. For convenience, the parties shall be referred to as in the main matter, i.e. the applicant as the “plaintiff” and the respondents as the “defendants.” More
