This is an application for rescission of a default judgment entered against the applicants. It is opposed.
In order for an application of this nature to succeed requirements which include the following must be met :((i) the reasonableness of the explanation for the default;( ii) the bona fides of the application to rescind the judgment and (iii)the bona fides of the defence on the merits of the case and whether that defence carries prospects of success. More
This is an application for review. The grounds for review stated that,
“Grounds Of Review
2.1 The suspension of Applicant and any subsequent proceedings thereafter is a nullity as it is not in terms of the applicable registered Code of Conduct read together with the Urban Councils Act. It was improper for the employer to use the National Employment Code of Conduct. S.I. of 2006 given that there is an applicable registered code of conduct for Chitungwiza Municipality. Respondent is estopped at law from forum shopping codes of conduct.
2.2 it was grossly unreasonable and irrational for Respondent to suspend... More
The appellant was tried in the Regional Magistrates Court for the Eastern Division sitting at Harare charged with eight counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform Act [Chapter 9:23] (the Criminal Code), one count of corruptly, concealing personal interest in transaction from his principalas defined 173 (a) of the Criminal Code and one count of defeating or obstructing the course of justice as defined in 184 (1) of the Code. More
The applicant was employed as a Town clerk for Chitungwiza Municipality. He was charged with 8 counts of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. In count 9 he was charged with corruptly concealing from a principal a personal interest in a transaction as defined in s 173 of the Code. In the 10th count he was charged with defeating or obstructing the course of justice as defined in s 184 (1) (e) of the Code. More
1. This is an appeal against the decision of the Appeal Authority set up by the respondent (though Appellant says Appeal Committee). The Appellant was charged of three and convicted of two acts of misconduct in terms of paragraph (f) of section 4 of Statutory Instrument 15 of 2006 to wit, gross incompetency or inefficiency in performance of work. A penalty of dismissal was imposed. An appeal at the workplace was unsuccessful. More
The applicant appeared before a regional court sitting in Chinhoyi facing ten (10) counts of robbery under RCHN 360/22. He also appeared before the same court under RCHN 338/22 facing seven (7) counts of robbery. More
This is an appeal against the determination of the Designated Agent for the National Employment Council for Food and Allied Industries (NEC), handed down on 30 November 2020. The Designated Agent ruled that he had no jurisdiction to preside over the dispute between the appellants and the respondent, which concerned allegedly unprocedural retrenchment proceedings. More
1. This matter has been making rounds and turns on the unopposed motion court. On 23 December 2021, it was placed before NDLOVU J who raised certain queries and removed it from the roll. On 27 January 2022, it was placed before MOYO J who also raised certain queries and directed applicant to file heads of argument in support of the application. It was then removed from the roll. On the 26 May 2022, it was placed before me, and Mr Shenje counsel for the applicant sought a postponement to a date when MOYO J would be presiding on the... More
This is an application for bail pending appeal. The applicant was charged with contravening section 45 (1) (a) of the Parks and Wildlife Act, [Chapter 20:14] as read with section 11 of the General Laws Amendment Act 5/2011 more particularly unlawful hunting of a specially protected animal (rhinoceros). More
On 13 January 2023 applicant’s application for bail pending trial was dismissed. The record shows on dismissing the application the court considered that applicant is a danger to society as he was part of a gang that attacked the deceased. The court also considered that applicant and his accomplices had used dangerous weapons in the commission of the offence. The court further considered applicant a flight risk as he was found in possession of the murder weapon. More
This is an application for condonation of the late filing of an appeal. At the commencement of the oral submissions, Ms Matongwana raised preliminary issues relating to the filing of documents by the Respondent. She stated that Respondent’s legal practitioners had not filed an Assumption of Agency as prescribed by the Rules. She also stated that the Respondent had filed the heads of argument two (2) days after the due date and had not applied for condonation. In response, Ms Mangoi stated that due the new system of filing of documents on the IECMS platform, Respondent only realized on perusal... More
On 17 November 2022, this Court issued an Ex Tempore judgment granting condonation to Respondent to file an appeal before this Court. Applicant is dissatisfied with the decision and intends to approach the Supreme Court on appeal. More
This is an application for a declaratur and consequential relief wherein the applicant seeks an order in the following terms:
IT IS ORDERED THAT:
1. The discharge of the applicant from the regular officer cadet training course and the army by the respondents be and is hereby declared to be unlawful and wrongful.
2. The respondents be and are hereby ordered to reinstate the applicant into the regular officer cadet training course at the Zimbabwe Military Academy – Gweru and the army at least not later than 14 days from the date of this order.
3. The respondents are ordered... More
The brief narrative is that the applicant entered into a lease agreement with the 1st respondent a juristic entity on the 5th of March 2018. The terms and conditions pertaining to the renewal and termination of the lease where embodied in the lease which is part of the record. By mutual consent the said lease which had been renewed for a further two terms was supposed to expire on the 31st of January 2021. In the interim, the 1st respondent subletted the property in issue to one of its then employees, the 2nd respondent, in February 2019. Somewhere along the... More
The appellant was convicted of contravening s 182 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 4 months’ imprisonment which was wholly suspended on condition that he complied with the order that was granted against him in 2012. He noted an appeal against conviction. More
