This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim which was instituted by way of summons for provisional sentence is for payment of a sum of US$2 506 132-86, together with interest thereon as stated in the summons, collection commission and costs of suit on the attorney-client scale. More
The applicant approached this court, by way of Chamber Book seeking an order in the following terms:
“1. The defendant shall pay to Plaintiff the sum of US$3 629 586.57 together with interest thereon at the rate of 15% per annum calculated from 1st October 2014 to date of full payment.
2.Defendant shall pay Plaintiff’s costs of suit on a legal practitioner and client scale” More
The applicant is a public company incorporated in terms of the Company laws of Zimbabwe and is listed on the Zimbabwe Stock Exchange. It has shares in the 6th respondent. It filed an urgent chamber application to this court seeking orders to regulate the holding of an extraordinary general meeting of the 6th respondent’s shareholders convened by the 1st to the 5th respondents. At the hearing of the application, it applied to amend, its draft order by seeking a declaration that the convening of the extra ordinary general meeting, by the 1st to the 5th respondents is in terms of... More
At the commencement of the proceedings, the Court enquired from Applicant’s legal practitioners whether the matter was properly before the Court seeing that that it purported to be a ‘Composite Application’ for condonation and review. The Court also enquired whether the Rules provided for such a procedure.
In response, Mr. Masuku stated that he was relying on precedent when he filed the documents in question. He further stated that he was relying on Read v Gardener 2019 (3) ZLR 575 (S) and Murambiwa v SEEDCO LCH/361/23. He stated that he did not have anything further to say in connection with... More
At the commencement of the proceedings, the Court enquired from Applicant’s legal practitioners whether the matter was properly before the Court seeing that that it purported to be a ‘Composite Application’ for condonation and review. The Court also enquired whether the Rules provided for such a procedure. More
This is an appeal from the decision of an arbitrator. It was handed down on 28 April 2015.
The respondent raised an objection in limine and stated that the appeal was improperly before the court. It was filed out of time contrary to the provisions of Rule 15 (1) of the Labour Court Rules, 2006. More
The 1st respondent is a former employee of the appellant. He was employed as a Purchase Officer. Following an audit the appellant discovered that 1st respondent hand caused losses to the company in the amount of US$314 through favouring one client, Champions, a supplier of motor spares. Initially appellant had referred the matter to the police and then acing on advice opted to
conduct disciplinary process. The 1st respondent thereafter started absconding from work from the 14th of August, 2021. The appellant then levelled charges against 1st respondent of absenteeism; (1 count) unsatisfactory work performance (4 counts). A disciplinary hearing... More
To that end this is a consolidated matter in respect of LC/H/350/13, LC/H/380, LC/H/384/14 and LC/H/259/15.
Parties agreed on the issues for determination by this court which were set out as follows:
Whether or not
i) Arbitrator Dangarembizi erred in finding the respondent not guilty of acts inconsistent with the terms and conditions of his contract of employment;
ii) Arbitrator Dangarembizi erred in finding the respondent guilty of wilful disobedience of a lawful order;
iii) Arbitrator Dangarembizi erred in interfering with the penalty of dismissal and in ordering the respondent’s reinstatement;
iv) Arbitrator Dangarembizi erred in awarding the employee back-pay... More
The matter was placed before me as an appeal against an arbitral award handed down on the 13th of October 2011. The Respondent was employed by the Appellant as the Sports Director. He was suspended from duty on 21st June 2011 on allegations of misconduct. More
This is an appeal against the whole judgment of the High Court of Zimbabwe handed down on 13 January 2016 under judgment number HH 24/16 of case number HC 2899/15, in terms of which the More
Renowned writer Leslie Flynn authored a text aptly titled Great Church Fights. In it he makes the analogy of two porcupines living in freezing conditions. They huddle together to keep warm. Unfortunately every time they got close to each other their quills pricked and forced them to move apart. The two needed each other but could not stop needling. That analogy epitomizes the dispute before me. As will be shown later in the judgment, disagreements between and amongst Christians typify the condescending attitude of believers when their personalities grate one another. The papers before me show that between October 2021... More
By order date stamped 22nd February 2018 the Supreme Court of Zimbabwe remitted the matter to this Court for it:
“(a) To determine the actual period during which the appellant was employed by the respondent and in respect of which the respondent was contractually obliged to remit pension contributions to the relevant Pension Fund.
(b) To compute the exact amount of the contributions payable in respect of both employer’s and employee’s contributions, less the amounts already paid by the
respondents for the period of actual employment determined in terms of paragraph (a) above.” More
This summary judgment application graphically illustrates that a trend is fast developing among business people in this country to borrow huge sums of money from financial institutions and when the time to pay comes, to pay as little as possible or better still, not to pay at all. A pattern is manifesting itself where business people will stop at nothing in avoiding to pay legitimate claims and in the process play havoc to investor confidence. More
This matter turns on the interpretation of a deed of settlement prepared by the applicant’s legal practitioners in consultation with the respondent’s legal practitioners who eventually signed the deed of settlement on behalf of their clients.
The applicant and the respondents were involved in amatter under case number HC4000/17. At the pre-trial conference, the parties negotiated and reached settlement in respect of the subject matter of the proceedings in that case. The settlement culminated into a deed of settlement in terms of which the respondents were to pay certain specified amounts of money on specified dates. The deed of settlement... More
