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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

This is an appeal against the whole judgment of the High Court of Zimbabwe sitting at Harare dismissing an interpleader application. More

Mangota J and myself were the urgent cases duty judges from 12 November, 2018 to 19 November, 2018 when another set of judges would take over. Duty judges are called upon to deal with urgent applications filed by litigants after normal court hours and during weekends. In the exercise of its mandate of providing people access to justice at all times, the courts’ administrative authority has put in place systems which ensure that people are not denied access to justice on the excuse that it is after normal court hours, a weekend or public holiday. Not every case may however... More

The applicant applied for condonation of late filing of application for the review of two arbitration awards. The respondent opposed the application. I will deal with the matter under the subtitles “Delay” and “Prospects.” Delay The first award is dated 5th November 2013. The second award is dated 22nd October 2014. This application is dated 2nd December 2015. Thus in respect of the first award the delay is two years. Whilst for the second award it is one year. I consider such delays as inordinate. A reasonable explanation is required for such delay. The explanation given was that the parties... More

This judgment is about a matter where a rule nisi was granted on 18 February 2014 in applicant’s favour and made returnable on 26 February 2014. On the 26 February 2014 the respondent was supposed to come and show cause why the rule nisi of 18 February 2014 should not be confirmed. More

This is an opposed application for condonation for non-compliance with the rules and reinstatement of an appeal which was deemed abandoned and dismissed for failure to enter into good and sufficient security for the respondent’s costs of appeal as required by r 55 (2) and (5) of the Supreme Court Rules, 2018. The application is made in terms of r 70 (2) of the Court Rules and was filed on 25 November 2024. More

This is an application for the condonation of late filing of a review application. Background to the matter is that the applicant employee approached a labour officer in a labour dispute pitting him and the 1st respondent employer. The proceedings before the labour officer culminated into a ruling which was taken before the labour court and confirmed on 8 March 2018. The employee now seeks to have the labor officer before the proceedings reviewed citing what styles irregularities besetting the process which led to the decision which was confirmed on 8 March 2018. The employer is opposed to the condonation... More

In this urgent chamber application the applicant seeks an order in the following terms: INTERIM RELIEF Pending finalization of this matter, an interim order is hereby granted on the following terms: More