This is an appeal against a decision of the Appeals Committee of the
21stJune 2013. Until the 10 May 2013 Appellant was employed by Respondent as a plant maintenance manager. He was charged of breach of the Company’s Code of Conduct Annexure II section 8.3 which reads “Negligence – failure to exercise proper care and regard to the manner of discharging of duty to the extent that tasks have to be repeated or equipment or persons are at risk of damage or injury.” More
The plaintiff in this matter claims payment in the sum of $120 million as the balance due in respect of money advanced to the defendant in April 2003. The defendant disputes this claim and counterclaims an amount of $24 million as having been overpaid to the plaintiff under their loan arrangement. More
This is a court application for the granting of a declaratory order. The brief background to this matter is that the applicant and the late Tongai Maxwell Katsande were brothers and Fadzai Katsande was wife to Tongai Maxwell Katsande. Tongai Maxwell Katsande died on 23 February 2007. His wife Fadzai Katsande was appointed executor dative for his estate. In this estate was an immovable property, stand number 14478 Zengeza 3 Chitungwiza (hereafter called the property) which upon the winding up of the estate, was awarded to Fadzai Katsande, in her personal capacity. More
When an estranged man, incandescent with sardonic fury, walks into the office of an attorney and hysterically remonstrates about the loss of his consortium omnis vitae to another man, the law imposes the same obligation upon the attorney to objectively advise the client as to his rights and remedies as well as the appropriate forum in which such rights may be enforced, as in any other case. The facts and circumstances of the instant case, even though it is an unopposed claim for adultery damages, demand that a written judgment be prepared. More
This is an appeal against the decision of the appeal committee which upheld the decision of the staff disciplinary committees’ decision to find appellant guilty of an act of misconduct and to dismiss him from university employment. More
On the date of hearing this appeal, a preliminary point was raised by the respondent that the appellant had failed or neglected to comply with the order of the disciplinary authority. More
The second applicant described itself in the founding affidavit as an association of elderly and vulnerable widows. Its capacity to sue or be sued is not specifically pleaded. Same has not been contested by the respondents. I proceeded on the understanding that 2nd applicant is a common law universitas with the capacity to sue and to be sued. It has previously successfully sued in this court and the various correspondence submitted with the notice of opposition confirm that that the 2nd respondent is a bearer of rights. The 1st respondent described himself as the chairperson of the 2nd applicant duly... More
At the hearing of this appeal we dismissed the appeal. These are the reason for that decision.Appellant was convicted of attempted murder and sentenced to three years imprisonment of which one year imprisonment was suspended for four years on condition of good behaviour.
He now appeals against both conviction and sentence.
The grounds on conviction basically attack the charge preferred as formulated by the State. The defence asserts that a fatally defective charge was preferred against the appellant, which charge was not amended or cured by the evidence.
The grounds of appeal on sentence attack the sentence for being too... More
Applicant applied to this Court for the review of the termination of her employment by Respondent. The application was made in terms of Section 92 EE of the Labour Act Chapter 28:01 (hereafter called the Act). Respondent opposed the application. More
This is an appeal against the judgment of the NEC for the Banking Appeals Board undertaking handed down on 8 June 2012 in terms of which the Appeals Board confirmed an earlier decision by the Respondent Hearing Officer to dismiss Appellant from employment with effect from 24 October 2011. More
The applicant alleges that on 7 September 2020, he entered into an agreement of sale with the respondent in respect of Lot 4 of Geluk Farm, Beatrice, aforesaid. In addition, the applicant avers that the respondent breached the agreement by failing to make payments as agreed between the parties, resulting in the applicant cancelling the agreement. She was given notice of cancellation by letter dated 27 September 2021. According to the applicant, when the respondent received the notice of cancellation, she asked for extension of time so that she could rectify the breach. More
1. The main issue in this application is whether a special plea filed outside r 119 of the High Court Rules 1971, is a nullity. Secondly, whether condonation for late filing of the special plea is permissible, if so, the stage at which an application for condonation of the late filing of the special plea ought to be made.
2. The chronology of events leading to the filing of this special plea is as follows. The plaintiff filed summons against the defendant on 20 August 2020 after which he filed appearance to defend on 28 August 2020 having been served... More
