The plaintiff issued summons against the defendant, claiming payment of $34 378.06 for services rendered and $50 441.49 being damages for breach of contract.The defendant raised a special plea that, since the plaintiff’s claim is based on a contract which provides for a dispute resolution mechanism for all contractual matters, the action should be stayed pending referral of the dispute in terms of Annexure 3, Clauses 4.1, 24 and 25 thereof. More
On the 10th July 2017 at Mutare, applicant in her capacity as a Designated Agent issued a ruling. She ordered 1st respondent (employer) to “restart the (retrenchment) process afresh.” The 2nd to 37th respondents were the employees who had been retrenched. Apparently, the employer did not comply with the ruling. Applicant then applied to this Court for the confirmation of her ruling in terms of section 93(5a) of the Labour Act Chapter 28:01, hereafter called the Act. More
This appeal raiseS one issue for consideration, the interpretation of fees as used in section 8.3 of Statutory Instrument 60 of 2013 the Collective Bargaining Agreement: Welfare and Educational Institutions, “the agreement”.
The respondents are employed by the appellant in different capacities. In terms of theapplicable Collective Bargaining Agreement the appellant was supposed to contribute 75% of fees for respondents as a benefit. A dispute ensued where it was alleged that appellant failed to comply with the provision of the agreement. The matter was referred to an arbitrator to determine whether the term fees used in the agreement included tuition... More
The applicant issued summons on the 30th of October 2017 against the respondents claiming orders confirming the cancellation of the lease agreement entered between the parties, ejectment of respondents and all those claiming occupation through them from the premises at No. 174 Munondo Street, Ruwa Industrial Park, Harare, payment of the arrear electricity bill calculated from the 1st of May 2016 to date of ejectment, payment of the arrear water and rates levies calculated from the 1st of May 2016 to date of ejectment, payment of arrear rentals amounting to US$5 600.00, payment of holding over damages of US$40.00 a... More
This urgent application for an interim interdict was referred to me on 26 July 2018 and I heard it on 27 July 2018. I dismissed the application. On 17 September 2018, a request was made by the applicant’s legal practitioners for the reasons, these are they.
The facts of this matter are straight forward. The applicant and the respondent entered into a joint venture agreement “the agreement”. In terms of the agreement the applicant was to provide land development services to the respondent a landowner of stand 1 and 2 Haydon Township of Haydon. It was a material term of... More
On the 1st November 2021 at Harare, F. Mutambirwa N.O. in her capacity as a
Designated Agent (DA) made a determination. She ordered appellant (employer) to pay
respondent (employee) various amounts of money for outstanding service pay, notice pay,
leave pay, overtime, unpaid wages and housing allowance. The employer then appealed the
determination to this Court in terms of section 92D of the Labour Act Chapter 28:01. The
employee opposed the appeal. More
This is a contested application for bail pending trial. Applicant is facing 2 counts of rape in contravention of section 65 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23). He faces a further charge of impersonating a public official as defined in section 179 (1) of the Criminal Code. Applicant faces further charges of fraud and theft. In the rape charge, it is alleged that the applicant raped two complainants he had hired as Nurse Aides. On the charge of impersonation he allegedly misrepresented to Dumisani Mhlanga, the Managing Director of Ingwebu Breweries that he was the... More
DUBE-BANDA J:This is an application for bail pending appeal. The applicant was arraigned before the Regional Magistrate’s Court sitting in Bulawayo, on two counts of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations against him were briefly as follows: that on a date to the prosecutor unknown, but sometime during the month of April 2019, at number 28 Northway Burnside (house) Bulawayo he had sexual intercourse several times and on different occasions with the two complaints without their consent or realizing that there was a real risk or possibility that... More
The Appellant is appealing against the decision of the Appeals Committee. The grounds of appeal are as follows:-
“The Respondent erred by failing to produce minutes of the Appeals Committee. The ‘purported’ minutes ‘even’ determination are mischievous and calculated to cause miscarriage of justice. The ‘purported’ admissions in the ‘so called minutes’ are all a product of malicious falsehoods contradictory to the Appellant’s grounds of appeal before the Appeals Committee and a biased and futile effort to uphold traverse justice. The recordby the Respondent is misleading and not reflective of the proceedings. More
The Appellant was a school teacher at Domboremavhu Secondary School in 1997 and during that period, he was charged for having an improper association with a school pupil, convicted and discharged from the teaching service on 22 May, 1998. He appealed to the Labour Court but before the appeal was heard, the Commission referred the case for a magisterial inquiry which was conducted from 7 June, 2009 to 9 June, 2009. During the inquiry, the Appellant and the pupil both denied that they had an improper association. The Appellant’s evidence during the inquiry was that he was being framed. At... More
This is an appeal against the whole judgment by the Provincial Magistrate sitting at Mutare on 23 March 2020 where he granted an absolution from the instance in favour of the respondents where the appellant was seeking an order for eviction against them.
The appellant outlined his grounds of appeal covering three pages which need no repetition. Serve to mention that the grounds of appeal are all repetitive, argumentative and vague. As a result the respondents justifiably raised three points in limine as follows: More
This is an appeal against the magistrates court’s dismissal of a bail application pursuant to a finding that there were no changed circumstances.
THE BACKGROUND
2. The appellant is a principal law officer employed by the National Prosecuting Authority.
3. On 28 February 2022 he appeared before the magistrates court sitting at Harare on two counts of criminal abuse of duty as a public officer as defined in section 184(1)(a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Criminal Law Code) as well as two alternative counts of defeating or obstructing the course of justice as defined... More
The background to this action is as follows. Miriam MUNEMO and Faina MUNEMO were both married to Thomas Munemo. He held a lease-to-buy agreement with the City of Harare over stand 9314 Budiriro Township, Harare. They assumed his rights, title and interest over the said stand upon his death. In September 2002, the two wives “sold” their rights, title and interest in the stand to the third defendant through the agency of one Davison Shonhiwa of Southern Life Executors. A month later, in October, they “sold” their rights, title and interest to the plaintiff. All formalities were observed regarding obtaining... More
The plaintiff issued summons for the ejectment of the defendant from House No. 14 Msasa Park Drive, Msasa Park, Harare. The basis of the plaintiff’s claim is that he is the sole owner of the immovable property. He avers that upon the termination of an unregistered union between him and the defendant, the defendant who had resided at the said premises during the subsistence of and on the basis of the unregistered customary union, refused to vacate the plaintiff’s house and remains in unlawful occupation thereof. More
I dismissed this application for bail pending appeal No. CA 825/19 on 24 March 2020. I have been requested by the applicant to provide a fully clothed judgment incorporating the reasons for the dismissal of the application. These are they.
The applicant was convicted by the magistrate sitting at Chinhoyi for contravening s 82(1) of the Parks & Wildlife Regulations S.I 362/90 as read with s 128(5) of the Parks & Wildlife Act [Chapter 20:14]. The applicant was convicted on 16 December 2019. Consequent on his conviction, the applicant was sentenced to the mandatory minimum sentence provided for the contravention... More
