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The Applicant’s appeal before this Court was dismissed on 20th June 2013. The Applicant intended to appeal against the dismissal but was out of time. The Applicant then filed an application for leave to appeal to the Supreme Court coupled with an application for condonation. Since this was an improper procedure the Applicant then withdrew both applications. Thereafter Applicant filed this application for condonation for late filing of the application for leave to appeal to the Supreme Court. More

This is an application for condonation for non-compliance with the Rules of this court and for an extension of time within which to file and serve a notice of review in terms of the same Rules. The application is not opposed by the 1st Respondent but is opposed by the 2nd Respondent. More

Appellant was employed by First Respondent as a disposal Supervisor. She was charged, found guilty and dismissed for breaching paragraph 9 and 13 (a) of the First Schedule of the Health Services Regulations 2006. The charges were of theft of, or making improper or unauthorized use of state property and corruption or dishonesty. The facts giving rising to the charges were that on 14 June 2013 during a routine search at ward A6 entrance at Parirenyatwa Group of Hospitals, appellant had been found in unauthorized possession of 10 ampoules of propofol, 1% Fresenius injection (20ml) and 10 sachets bacterex disinfectant... More

The delay in the preparation of this judgment is sincerely regretted. As can be seen from the dates of hearings the trial took long to complete. This was largely because as from 26 January 2011 the court had to adjourn on the promise that the plaintiff’s wife, one Anna Dube (Mrs Dube) would arrive from the United Kingdom to testify. After a long wait, she never came and the trial had to proceed without her. The background to this case is as follows:- On 2 February 2009 the plaintiff issued summons out of this court seeking the following relief:- “1.... More

This is an application for the confirmation of draft ruling in terms of section 93 of the Labour Act [Chapter 28:01] (the Act). At the hearing of this matter, two preliminary points were raised by the second respondent who is the employer party. I use the term employer party loosely bearing in mind that the second respondent disputes that it employed the 1st Respondents. More

In a judgment issued on 27 July 2023, this Court issued a judgment with the following Order: “1. The application for confirmation of the draft ruling is granted. 2. The draft ruling of Gracious Rutendo Chirendo N.O. is confirmed with the following amendment: a. The claim for unlawful termination of the relocated fixed term contract is hereby granted. b. The claimant shall be entitled to damages for the unexpired term of contract.’ 3. Parties are hereby ordered to file submissions in respect of mitigation of damages and non-payment of salaries within ten (10) days from the date of this order.... More

This is an application for confirmation of a draft ruling in terms of section 93 of the Labour Act, (Chapter 28:01). The common cause facts are that the First Respondent was employed by the Second Respondent as a project manager for Mashonaland Province. Parties signed a contract to this effect which was supposed to expire in December 2019. Second Respondent later assigned other duties to First Respondent in Muzarabani. A contract to this effect was signed which was supposed to expire in April 2020. At the expiration of the latter contract no communication was made between the parties in written.... More

The appellant was charged with contravening s 4 as read with s 3 (1) (a) of the Domestic Violence Act [Cap 5:16] for assaulting his former wife. More

This is a court action in which the plaintiff is claiming the sum of US$1. 824 478.80, for professional services rendered by it to the defendant. The professional services concerned were allegedly rendered to the defendant over a period of ten years, from 2002 to 2012. Defendant filed a plea in which aside from denying that it is liable in contract, it raised in point in limine, challenging the plaintiff’s locus standi in judicio to file suit, alleging that because plaintiff cited itself as an association, when it is neither an association nor a partnership, defendant is therefore disqualified form... More

After hearing argument in this matter I granted summary judgment and said the reasons or doing so would follow. More

This is an application for the re-opening of the estate late Wilson Muchiyani Mudawini. The applicants are some of the children of the late Wilson Muchiyani Mudawini (hereinafter referred to as the Late Wilson) who died intestate at Bulawayo on 7 February 1994. More

This is an appeal against part of the judgment of the High Court (“the court a quo”) which granted an application for the registration of an arbitral award. More

The respondent was employed by the appellant as the resident fitter and turner at its depot in Lions Den, Mashonaland West. His duty was to carry out repair and maintenance works on the plant. The works included welding and general plant safety. On 28 August 2018, one Isaac Pini (Pini), a contract general hand, was welding a grain duct in a silo tower which was used to convey soya beans. Whilst he was carrying out the assignment an explosion occurred which resulted in the death of six employees, serious injuries to two others and extensive damage to the silo tower. More

On 27 July 2015 the plaintiff and the first defendant entered into a credit facility agreement for the sell and delivery of stock feeds by the plaintiff to the first defendant on credit. The second defendant Loice Bare bound herself as surety and co-principal debtor for the first defendant’s debt. Payments were supposed to be made within 30 days of the date of invoice. The plaintiff alleges that between July 2015 and May 2016 the first defendant took delivery of stock feeds and accumulated a debt which it failed to pay thereby prompting it to issue summons on 13 December... More

The applicant is a statutory body constituted in terms of the Grain Marketing Act [chapter 18: 14], and the respondent is its former employee, its general manager whose contract of employment was terminated on 30 November 2014. This is an application for an order to compel the respondent to return and restore possession to the applicant of the two motor vehicles named above. The vehicles were allocated to the respondent in terms of the contract of employment between the parties which was entered into on 1 December 2014. Clause 12 of the contract of employment stipulates that the General Manager... More