This is an application wherein the applicant seeks an order as follows:
1. The decisions of the 1st and 2nd respondents with regards to the seizure of the applicant’s motor vehicle Registration No. AEA 5210 and the goods therein be and is hereby set aside.
2. The respondents be and are hereby directed to release applicant’s motor vehicle and the seized goods upon payment of the relevant import duty.
3. That respondents pay costs of suit on an attorney and client scale. More
This is an appeal against a determination of the National Employment Council for Welfare and Educational Institutions Appeals Committee (the Appeals Committee). The determination upheld the earlier decisions by the Disciplinary Committee and the Chief Executive Officer to dismiss Appellant. More
The third and fourth defendants filed an exception to the plaintiff’s claim on the grounds that the summons were defective and that the cause of action pleaded was incomplete. The third and fourth defendants sought the dismissal of the plaintiff’s claim with costs on that basis. The exception was opposed. More
Following the acquisition by the State of the applicant’s farm, the parties filed a consent order with this honourable court under case no HC 308/10 in the following terms:
“It is hereby ordered with the consent of the parties that:-
1. The tobacco on Masasa Plot Lot 2 Lions Head, Rusape, allocated to second respondent shall be harvested, cured, graded and removed from the said plot in terms of an agreement to be concluded between second respondent and Chidziva Tobacco Processors (Private) Limited, which agreement shall cater for the involvement of applicant and/or his son, Kirk Voest, with regard to... More
The background to this matter is as follows. A labour dispute arose between the parties in 2009 and was referred to compulsory arbitration. The arbitrator found that the applicant had been constructively dismissed and ordered the parties to agree on damages in lieu of reinstatement. The respondent appealed against this award to the Labour Court and also applied for stay of execution. The application for stay was dismissed on 3 December 2010, while the appeal was heard on 24 February 2011 and then dismissed on 3 June 2011. On 4 March 2011, the arbitrator quantified the damages in lieu of... More
This is an appeal from a decision of a labour officer.
At the hearing of the matter before me, a point in imine was taken by the respondent who argued that the matter was never improperly before the arbitrator.
Reliance for this proposition was placed on the provisions of 101 (5) of the Act which provides as follows;
“notwithstanding this part, but subject to subsection (6), no labour officer shall intervene in any dispute or matter which is or is liable to be the subject of proceedings under an employment code, nor shall he intervene in any such proceedings.” More
This is an appeal against the dismissal of Appellant from the Respondent’s employ. Before the appeal could be argued, a preliminary issue was raised on behalf of the respondent. The issue raised is that grounds of appeal 1 to 6 and 8 do not raise points of law. It was submitted on behalf of the respondent that these grounds are not properly before the court. The respondent also submitted that there has not been an allegation that there was a misdirection on the part of respondent. Authorities were cited in support of this submission. More
This matter was set down as an application for interim relief that is to have the arbitral award made in favour of the respondentemployees suspended pending the appeal noted by the applicantemployer. Judgment was reserved on the understanding that before the reserved date parties would file with the court further submissions on issues they felt needed further clarification. When such was not forthcoming the court proceeded as prayed for by the parties that judgment could be arrived at based on the papers filed of record.
The main contention in this matter is that the employer is of the view that... More
At the onset of oral argument in this Court appellant raised 4 (four) points in limine which respondent opposed. The points shall be dealt with ad seriatim. More
The plaintiff, General Leasing (Private) Limited issued summons for the sum of US$ 30 696.00 being an amount due by the defendant, Allied Timbers Zimbabwe (Private) Limited for what it described as being services rendered in the form of lease of PABX Systems and telephones from 31 December 2008 to March 2013. These services were said to have been provided at two sites, namely Chinhokwe site and Stapleford site in Mutare.
It was averred that despite demand the defendant had refused to pay. The defendant raised the special plea of prescription as well as that of lack of cause of... More
This is an urgent chamber application for an interdict. The matter is opposed. The order sought is couched in the following terms:
“INTERIM RELIEF SOUGHT
Pending confirmation or discharge of the order the applicant is granted the following interim relief:-
1. 1st and 2nd respondents and their employees, agents or assignees be are hereby ordered to stop milling operations in an area approximately 20.9 hectares within the Mining District of Midlands, as specifically described in Special Grant 8841 dated 12 October 2021.
2. Failing which the 4th respondent be and is hereby ordered to enforce this order More
The plaintiff issued out summons against the defendant out of this court on 13 march 2008 claiming delivery of twenty thousand (20 000) litres of diesel. The defendants rigorously defended this claim. On 13 of June 2008 the plaintiff withdrew action against the second defendant. Consequently the action that remained before the court was against the first defendant. More
