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
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
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
The second applicant is a well known and I might venture to say, renowned gospel artist in Zimbabwe. The first applicant is a recording company. From the papers, it is apparent, that for the performance which is the subject matter of this dispute the first applicant was contracted to arrange the recording of Charamba’s live show. It seems that the respondent is also in the business of recording live shows and producing from such DVD’s and video recordings. I have not been advised as such in specific terms but this my opinion based on the nature of the contract for... More
This matter came to life as an urgent chamber application in terms of Order 40 Rule 348A sub-rule (5a) of the High Court Rules 1971( stopping of sale to facilitate settlement of claims) on 25 November 2011. The relief that was being sought by Granary Investments Private Limited (herein after referred to as Granary Investments) was: More
This is an appeal against the whole judgment of the High Court handed down on 26 October 2016 dismissing the appellant’s application for specific performance with costs. More
Compared to the epic blood-and-thunder-legal duels daily fought in our courts, an opposed application for the postponement of a matter ordinarily becomes but a tepid scuffle. For that reason, courts will not normally dwell on such simple requests beyond the immediate need to furnish brief reasons for grant or refusal thereof. I will however, for reasons stated hereunder, linger slightly before disposing of the application for postponement of the trial cause now before me. More
