DUBE-BANDA J: This matter was set down on 11 March 2021 in the unopposed motion court. When it was called, Mr Ngwenya, counsel for the applicant then, submitted that the papers were in order, and prayed that the provisional order be confirmed in terms of the draft order. I raised a query that the matter was opposed, and it could not be dealt with in the unopposed motion court. I noted from the file that this matter had previously been set-down in the unopposed motion court, and was removed from the roll. Counsel seemed to agree that indeed the matter... More
The plaintiff issued summons seeking the following relief:
(a) Reinstating and reversing the ownership of Stand 205 Good Hope Township of Subdivision D of Goodhope, situate in the District of Salisbury measuring 2 695 square metres under Deed of Transfer Number 444/08 (hereinafter referred to as “the property”);
(b) Cancellation of Deed of Transfer Number 3681/2011 in favour of the first defendant; and
(c) Costs on an attorney and client scale. More
The applicant seeks the relief of specific performance. The order sought reads as follows:
“IT IS ORDERED THAT:-
1. First and second respondents be and are hereby ordered to sign all necessary papers
to effect transfer of Stand Number 653 Ruwa Township of Stand 2016 Ruwa
Township to applicant within 14 days of service of this Order.
2. In the event that first and second respondents fail to comply with the Order in paragraph 1 above, the Deputy Sheriff be and is hereby authorised to sign all the necessary papers to effect transfer of Stand number 643 Ruwa Township of... More
The respondent was employed by the respondent as a security guard. On 2 June 2013, he was deployed at Lake Harvest Farm main gate in Kariba. He was then dismissed on allegations of gross incompetence on 24 July 2013. This was reached after a series of dramatic events.
The facts giving rise to the misconduct allegations are that the respondent allowed a tractor loaded with 1437 kgs of discarded fish to pass the main gate upon a declaration of only 70 kgs of fish to internal security. The internal security supervisor had issued a signed gate pass which the respondent... More
This is an urgent chamber application in which the applicant is seeking in the interim an order that the respondents be interdicted from executing an order of this court given in Case No. HC 9602/11 pending determination of an application for the rescission of that judgment which was filed under Case No.HC 5490/13. The final order sought is for the setting aside of the order given in Case No. HC 9602/11. That is the same relief which is being sought in a separate application instituted by the applicant in HC 5490/13. More
This is an appeal against an arbitrator’s decision barring Appellant from reinstituting proceedings against the Respondent. The brief facts are that the Respondent was employed by the Appellant as a Regional Manager based at Bindura. Respondent was charged for contravening sections 4(a) and 4(b) of Statutory Instrument 15of 2006 and was found guilty and dismissed from work. The matter was subsequently referred for conciliation where a certificate of settlement was issued. More
The matter came before me as a matter for a review of the decision for a review of the decision by the N.E.C’s decision by the Local Joint Committee in a case which involved the now Applicant(the employer) and the Respondent(the employee). On the date of hearing the Respondent raise points in limine which are the subject of this ruling. More
Job’s patience is certainly among the virtues which a judicial officer must possess in the discharge of his/her functions especially when dealing with a lay person self-actor to whom knowledge of both adjectival and substantive law is an intellectual exercise not subscribed to by the common man. More
This is an application wherein applicant seeks the following relief:
“1. The 1st respondent’s action instituted by summons under case HC 411/13 be and is hereby dismissed on the grounds that it is frivolous and vexatious.
2. The 1st respondent shall pay the costs of suit on an attorney and client scale.” More
This is an appeal against a decision by an arbitrator. The grounds of appeal are that:
1) The Learned Arbitrator erred at law at in failing to find that the respondent was guilty of wilful obedience to a lawful order.
2) The Learned Arbitrator erred in failing to find that there were no mitigatorycircumstances and that dismissal was the appropriate penalty.
The respondent was employed by the appellant as a security guard. He was performing his duties at Delta, Mvurwi which is one of the appellant’s clients. During the performance of his duties he caused the arrest and subsequent dismissal... More
The respondents were employed by the appellant as security guards. Following the respondents’ visit to the appellant’s offices in Harare to claim arrear salaries, the respondents were charged with absenteeism and were dismissed. The matter ended up in arbitration and the arbitrator found in favour of the respondents. The appellant is dissatisfied with the award and has appealed to this court. More
This is an application for review.
The applicant was employed by the 2nd respondent in 2007. On 7 August 2013, the applicant was transferred to New Ambassador Hotel as an acting Front Office Manager. The appellant submitted that the substantive front office manager had then been suspended on allegations of various acts of misconduct. More
This matter was set down as an appeal against the arbitrator’s decision where he refused to hear the appellant employer’s rescission of judgment application on account of the fact that it had instituted multiple proceedings and such was contrary to the spirit of the law. More
