The factual background of this matter is generally common cause. It is this:-
- that Appellant was engaged on a renewable 3 month fixed term contract. After every 3 months the contract will be renewed.
- that upon its termination on 31st July 2011 Appellant had been in Respondent’s employ for 11 continuous years on the same terms and conditions of 3 months fixed term contracts.
- that Appellant was given a verbal 5 minutes notice of termination.
Aggrieved by the Respondent’s non-renewal of
his contract, Appellant approached the Designated Agent (D/A) who issued a certificate of no settlement. More
The delay in handing down this judgment is regretted. This is more so in light of the fact that this dispute is a labour matter which has remained unresolved since 2016. More
On 14 May 1983 the applicant and the respondent were happily joined in holy matrimony as husband and wife. On 21 April 2004 that union was brought to an end by virtue of a decree of divorce granted by this court at the applicant’s instance. In granting the decree of divorce the court also dealt with other ancillary issues as between the parties such as the custody of the minor children of the marriage, access by the non custodian parent, maintenance requirements for the children and the distribution of both the movable and immovable property that the couple had acquired... More
On 6 March, 2008 Khaled Kassim Joosab (“Joosab”), the first respondent herein, leased his property, Number 4, 19 Robert Mugabe Street, Rusape (“the property”) to the applicant, one Gladys Svosve (“Gladys”). The lease which Joosab and Gladys signed was to endure for one full year. Gladys was to pay a monthly rental of ZWL$2 200 000 000 for her occupation and use of the property. More
This short judgment is intended to contextualize my order so that its rationality is appreciated when the main matter Case No. HC 112/19 is finally determined by the court should the applicant persist in it. More
On 20th December 2010 the Honourable P Shawatu made an arbitration award. In terms thereof he ordered Appellant to reinstate Respondents’ employment or alternatively to pay them damages for loss of employment. Appellant then appealed to this Court against the award. More
This is an appeal against an arbitral award. Respondent is an employee of the appellant. He is currently employed as an assistant accountant having been initially engaged as a creditors clerk in July 1997. More
This matter was initially set down on the Supreme Court roll as an appeal matter. At the hearing of the appeal, the respondent submitted that the matter raised a constitutional issue of whether the law of parate executie violates the access to the courts provision, s 69(3) of the current Constitution of Zimbabwe (“the Constitution”). Mr Matinenga applied for a referral to the Constitutional Court for the determination of that issue. More
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
