This is an application for an interdict wherein the applicant seeks the following relief:
“Interim relief granted
It be and is hereby ordered that:
1. Pending the finalisation of this matter, 2nd respondent be and is hereby prohibited from commencing or continuing safari operations or hunting activities and any activities associated there with, in the Tsholotsho North Hunting Concession Area. More
The first, second and third applicants approached this court on an urgent basis seeking an order for the stay of execution of judgment. More particularly, the applicants’ provisional order is as follows:
“TERMS OF FINAL ORDER
That you show cause to this Honourable Court why a Final Order should not be made as set out in the Interim Relief granted hereunder;
1. That the Respondents be and are hereby ordered and directed to stay the execution of Applicants’ movable and immovable properties, pending the outcome of the Application for Rescission of Judgment instituted by Applicants against 1st Respondent.
2. The... More
This is an appeal against an arbitral award which was handed down in default of the appellant.
The arbitrator observed in his award that the respondent did not attend the hearing in spite of having been duly notified to do so and that no reasons for non attendance were communicated.
The respondent, who had been employed by the appellant as a general hand, had been dismissed on 21 May 2013 on allegations of using abusive language and absenteeism. Upon appeal to the Local Joint Committee, the respondent had been reinstated without loss of salary and benefits. Aggrieved, the appellant lodged... More
Tinashe Mugabe, through the applicant, has commanded attention in the recent past. His name has been synonymous with paternity results from DNA testing. Accounts or videos of couples in dispute or doubt about the parentage of some offspring have been posted in the media. DNA results from some paternity tests would invariably put to rest any such disputes or doubts. Docudramas, commentaries, sketches, jokes, anecdotes and the like have been made about Tinashe Mugabe’s activities, invariably generating much controversy and occasionally ruffling some feathers. The respondents stopped him. They first suspended his operations and then went on to cancel the... More
This is an application for summary judgment. The applicant filed summons for the payment of USD$50 000 being money advanced to the respondents insolidum as applicant’s capital contribution towards a joint venture that was to be formed by the parties. On the principal amount, applicant also claims interest at the prescribed rate from date of institution of proceedings to date of final payment. More
Appellant was employed by Respondent as the Head of Client Services. She was employed with effect from 3rd January 2012 until 13th December 2013 when she was served with a letter of instant dismissal. Following a challenge to that initial dismissal through her lawyers’ correspondence, Respondent withdrew the dismissal by a letter of the 20th December 2013. She was invited back to work effective from 6th January 2014. Upon her return she was served with a letter of suspension and was charged of the misconduct of “any act of conduct or omission inconsistent with the fulfillment of the employee’s contract... More
The appellant in this matter was employed by the respondent.
She was charged in terms of the National Code of Conduct SI 15/2006 under section 4 (a) thereof. The charge was
“any act or conduct or any omission inconsistent with the fulfillment of the express and implied conditions of her contract.”
The factual allegations which led to the dispute between the parties is briefly that on or about 31 October 2015, the appellant brought some meat and other food stuffs into the work premises. She proceeded to store the same in a refrigerator at the work place. More
This is an appeal against the Disciplinary Authority’s approval of a guilty verdict and penalty as recommended by the Disciplinary Committee.
- Appellant was in Respondent’s employ as a Principal Immigration Officer. She was based at the Harare International Airport.
- On the 21st February, 2015 Appellant was on duty on the arrivals side, clearing passengers who had alighted from Fastjet Airlines coming from Tanzania as well as passengers from Johannesburg who had alighted from Air Zimbabwe flight.
- During the clearing process Appellant cleared a passenger who was travelling on a Mozambican passport, bearing the name Valentine Takang.
-... More
The applicant, a group of seventeen (17) Zimbabwean women all of whom are in the diaspora, applies for a mandamus. It moves me to:
i) prohibit the respondent from transferring or allocating any portion of the Remainder of Subdivision E of Douglousdale, Bulawayo (“the property”) which is 38, 8495 hectares in extent to any person who has not contributed to the purchase of the same;
ii) compel the respondent to furnish to it, through its legal practitioners of record, the list of all persons who contributed towards the purchase of the property;
iii) compel the respondent to notify it, through... More
The applicant in this case seeks an order interdicting and prohibiting the first and the second respondents from proceeding into the sale in execution of the assets laid under seizure and attachment on 30 April 2009 pursuant to the enforcement of a writ of Execution against property issued by this Court on 2 August 2006. More
On 15 August 2019, the High Court (the court a quo) issued a provisional order for the provisional winding up of the appellant at the instance of the respondents who are its former employees. The court a quo confirmed the provisional liquidation order by judgment delivered on 20 November 2019. This appeal is against the judgment confirming the liquidation. More
I notice that the defendant’s legal practitioner has misrepresented that she is unaware of the reasons why the court struck the appellant’s defence out at a reconvened pre-trial hearing of this matter; in circumstances where the order was given as a result of wilful non-compliance with the directions given by the court. More
At the pre-trial conference convened before me the defendant intended to apply for amendment the plaintiff raised two points in limine. I decided to write a judgment due to the long and winding background to the case.
To put the matter into perspective, I must set out its genesis. The parties appeared before MUSHORE J in a pre-trial conference. The defendant made an application to amend its plea. By order dated 5 July 2018 (it is unclear whether the year is correct or there was a typographical error because it is evident that the matter was heard in July 2017)... More
The sole issue for determination in this case is whether the first respondent is an employer within the energy industry and is thereby bound by the Collective Bargaining Agreement: Zimbabwe Energy Industry, Statutory Instrument 50 of 2012 (the CBA). The issue was placed before the Labour Court for determination and it found that the first respondent is not an employer in the energy industry and is thus not bound by the requisite CBA. This is an appeal against that decision. More
On 13th December 2012 at Harare, Arbitrator D. Mudzengiissued an arbitration award. In terms thereof he dismissed Appellants’ complaint against Respondent for failure to pay them for overtime worked. Appellants then appealed to this Court against the award. Respondent opposed the appeal.
Working hours and payment therefor in the sector Respondent operates in are governed by a CBA called Collective Bargaining Agreement: Commercial Sectors S.I. 45/93. It is common cause that Appellants worked more hours than the stipulated hours. However Respondent argued that it compensated for the overtime by giving Appellants 9 days-off every month. This was per minutes of... More
