This is an application for absolution from the instance.
The test is simply whether at the close of the plaintiff’s case, there is evidence upon which a reasonable court might find for the plaintiff.
The test is not whether the evidence led by the plaintiff established what would finally be required to be established, but whether there is evidence upon which a court, applying its mind reasonably to such evidence, could or might (not should or ought to) find for the plaintiff. More
The plaintiff’s claim against the defendants can be summarised as follows. In March 2021, the first defendant gave an oral mandate to the plaintiff for the clearance of goods in transit from South Africa to Zambia via Zimbabwe. The defendants misrepresented to the plaintiff that the good were destined for Zambia. As a result, the plaintiff entered what is known as a ‘removal -in-transit’ entry into the Zimbabwe Revenue Authority ( ZIMRA) system so that the goods would not be levied duty and taxes on the assumption that they were in transit. Such duty and levy would have been paid... More
This is an appeal against an arbitral award in terms of which the appellant was ordered to pay a total amount of US$7 158,06 to the respondent, as outstanding salaries and notice pay.
The brief facts of the matter are that the respondent was employed by the appellant as Human Resources Officer. The contract of employment was terminated on what appears on record to be a mutual termination of employment.
The respondent referred the matter to a Labour Officer for conciliation, alleging unfair dismissal. When conciliation failed, the matter was referred to compulsory arbitration, leading to the contested arbitral award. More
This is an application for leave to appeal to the Supreme Court against a decision of this court rendered on 4th December 2020 under judgement reference LC/H/296/20. The application is premised on section 92F (2) of the Labour Act [Chapter 28:01] as read with rule 43 of the Labour Court Rules, 2017. The application is opposed. More
Contracts are wealth-creating vehicles for corporations, partnerships and business-minded persons. Where their terms are clear and unambiguous, such must be given effect to. The parties must adhere to the same. That is so as contracts are different from social agreements. They are enforceable at law. More
This is an application for upliftment of the bar that is currently operating against the applicant who failed to file its heads of arguments as is required by the rules of this court.
Background facts are that on 8 September 2006 an award was issued by honourable Arbitrator in favour of the employee.
The employee was not reinstated and he applied for quantification of damages. The arbitrator in April 2011 quantified the damages in an award that the applicant is now seeking to appeal against. More
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
