Pursuant to the conviction and sentence for Attempted Murder as defined in s 189 (1) as read with s 47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] the appellant lodged the present appeal with this court. The appellant a girlfriend to the complainant was convicted of unlawfully stabbing the complainant one Josam Mapinge in circumstances where there was realisation that there was a real risk or possibility that murder may be committed. The Appellant who stabbed the complainant Josam Mapinge with a knife once in the abdomen was convicted of attempted murder and sentenced to 6... More
The applicant approached this court seeking the following provisional order:
“TERMS OF FINAL ORDER SOUGHT
1. That order restoring the applicant’s undisturbed and peaceful occupation of stand number 193, Fleetwood, Bindura be and is hereby confirmed.
The 1st respondent to pay costs of suit. More
The appellant who was jointly charged with one Ekem Matutu was convicted of stock theft as defined in s 14(2)(b) of the Criminal Law (Codification and Reform) Act [Cap 9:23] by the Provincial Magistrate sitting at Zvishavane on 23 May 2019. After a full contested trial Ekem Matutu was acquitted. Ekem Matutu was not legally represented but the appellant was legally represented by one Nyabawa. The learned Provincial Magistrate did not find any special circumstances and on 5 June, 2019 the appellant was sentenced to the mandatory 9 years imprisonment. More
This is an appeal against the determination of the National Employment Council”(Banking Undertaking)’s Appeals Board (NEC Appeals Board) handed down on 29 April 2011. The determination ordered the reinstatement of the respondent without loss of salary or benefits, reversing the appellant’s Disciplinary Committee’s penalty of dismissal. More
The three respondents were employed by the appellant in different capacities.
During the course of their employment, the respondents committed certain acts of misconduct whose details are irrelevant in the resolution of this case.
All the respondents were charged albeit separately and were found liable.
The penalty given for each of them was a demotion and a final written warning. Each of them appealed to the National Employment Council Appeals board.
For the first respondent the appeals board confirmed the verdict but altered the penalty. The appellant had demoted the first respondent from Grade C5 to B4. The appeals board... More
This judgment is in respect of two related applications involving, to a large extent, the same parties. In Case No. HC206/20 the applicant seeks an order for the setting aside of the decision of the first respondent approving the second respondent’s bill of costs on the grounds that it is unreasonable, unfair and unlawful. The application is being made in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28]. In Case No. HC 592/20 the applicant, who is the second respondent in HC 206/20, seeks an order that the first to seventh respondents pay the sum of $339... More
This is an appeal against the judgment of the Labour Court dismissing an appeal and review application instituted by the appellant against a decision of the Retrenchment Board (the Board). The decision was communicated to the parties on 28 April 2017. More
Applicant issued summons against the defendant on 15 June 2016 claiming payment of $35 576.17 arising out of money lent and advanced to and duly acknowledged by the defendant, interest thereon and bank charges that may accrue at the bank’s prevailing rate from June 2016 and costs. More
This is an application in which the applicant seeks summary judgment in the sum of US$43 086-65 plus interest at the prescribed rate from due date to date of payment. It also seeks an order that stand 1346 Que Que Township of stand number 277A Que Que Township which was mortgaged be declared executable and that the respondent should bear the costs of suit on a legal practitioner and client scale. More
At the commencement of the trial, the plaintiff sought an amendment to its claim by the deletion of the amounts of fourteen billion eight hundred million and six hundred and sixty six billion dollars and their substitution with the amounts of US$ twenty two thousand five hundred and sixty dollars and one million fifteen thousand four hundred and seventy dollars respectively, the first amount being the replacement cost of one vehicle and the second amount being the global sum for forty five brand new trucks. I granted the application to amend in the face of opposition from Mr Kamudefwere and... More
The plaintiff’s (bank’s) claim against the defendants is for the payment of US$23 104.76, interest thereon at the prescribed rate and costs of suit on a legal practitioner and client scale in terms of the loan agreement. More
This is an appeal by the Respondent bank against the decision of the N.E.C for the Banking Industry and Undertaking’s decision to reinstate the appellant to her original position with the bank. Appellant had been dismissed by the respondent on allegations of having contravened category D section 11 (1) of the Respondent’s code of conduct which read “any serious act, conduct or omission inconsistent with the fulfillment of the express or implied conditions of contract”. More
The cause of action in this case arises out of an alleged breach of contract by the defendant for the supply of 20 IBM A50 desktop computers (computers) to the plaintiff. The plaintiff is suing the defendant for specific performance or payment of damages in lieu thereof. More
The parties are embroiled in a labour dispute. The respondent is the appellant’s employee.
The undisputed facts are that the respondent was a Salaries and Administration manager Grade C5. In 2009 the respondent was verbally requested to take additional duties and responsibilities of the Human Resource Manager who had left employment. The respondent was paid an acting allowance in accordance with the Company’s Policy.
A dispute ensued in that, the respondent thereafter worked in that capacity for more than six months. The respondent’s claim was that he was supposed to have been appointed a substantive Human Resource Manager in terms... More
The brief facts of the matter are that National Employment Council Arbitrator M Mpango (arbitrator) issued an award on 21 January 2011, in which the parties were cited as;
“AGRIFOODS (PVT) LTD EMPLOYEES-Claimants
And
AGRIFOODS(PVT) LTD MANAGEMENT-Respondents”
On 18 December 2014, the arbitrator amended his initial award, by changing the citation of the respondent to AGRIFOODS (PVT) LTD. He removed reference to AGRIFOODS “MANAGEMENT”. This amendment was upon an application brought by the claimants, which application was opposed by the respondent. The resultant award, titled “PATENT AMENDMENT OF ARBITRAL AWARD”, is the subject of this appeal. More
