This is an application in terms of section 89 (2) (c) of the Labour Act [Chapter 28:01]. The application prays for the variation of an award by an arbitrator.
The facts of the matter are that the respondent was employed by the applicant as a Human Resources and Administration Officer on 6 July 2015. The contract of employment provided for a probationary period of 3 months.
On 16 July 2015, during the first month of the probation, the applicant was given 24 hours notice of intention to terminate the contract of employment with effect from 17 July 2015. More
The applicant and the second respondent as named in the heading are duly registered companies in terms of the laws of Zimbabwe. The first and third respondents are statutory juristic entities created respectively under the Rural District Council Act [Chapter 23:13] and the Public Procurement and Disposal of Public Assets Act [Chapter 22:23]. The applicant did not seek any relief against the third respondent which was cited as an interested party that superintends public procurement by procuring authorities in Zimbabwe as defined in that legislation. The dispute which has led to the applicant filing this review application as contended by... More
This is an application for condonation for late noting of response to an appeal noted on behalf of the respondents. Before the application could be argued three (4) preliminary issues were raised on behalf of the respondents. These are that (i) the applicant used Form LC3 instead of FORM LC 1;(ii) the application is not on notice to the other party ;(iii) the application has no legally recognized respondents and (iv) the relief being sought by the applicant is incompetent. More
The applicants are sister companies. They are into sugar-cane growing and sugar processing. They operate in the Southern part of Zimbabwe’s lowveld.
The respondent is the Minister of Environment, Water and Climate. She is the one to whom the President of Zimbabwe assigned the Zimbabwe National Water Authority Act out of which the Zimbabwe National Water Authority [“ZINWA”] was born. ZINWA is a statutory body.
The applicants concluded two agreements with ZINWA’s predecessors. The agreements related to the supply of raw water to the applicants. They were signed in 1961.
The agreements provide that the parties - i.e. the applicants... More
The plaintiff issued out summons against the 1st defendant on 25th June 2019 in which it claimed the following:-
“1. Eviction of the defendant and all those claiming through him from Mapari Ranch otherwise known as Lot 4 Devuli Ranch, held under Deed of Transfer 5251/92 within 7 days of service of the order.
2. Failing compliance with paragraph 1 above an order that, the Messenger of Court/Sheriff of Zimbabwe in charge of Masvingo together with the Zimbabwe Republic Police at the nearest Police Station in Bikita area or Masvingo District be and are hereby directed to evict the defendants... More
On 20 March 2020, plaintiff issued summons against the defendant claiming an order for divorce and ancillary relief. The defendant filed an appearance to defend and plea and the matter proceeded to pre-trial. At the pre-trial hearing, it was clear that the marriage relationship had irretrievably broken down and there was no prospect of its restoration. There was no dispute as to the custody of the minor child of the marriage. The plaintiff conceded to all the defendant’s demands regarding matrimonial property. The only two sticking issues were maintenance and access in respect to the child. These were referred to... More
This is an opposed application wherein the Applicant seeks the removal of 1st respondent as an executrix dative in the estate of the late Mehluli Dube. The Applicant is a surviving spouse and a beneficiary in the deceased estate being the subject matter of this application. At the hearing of the application, I gave an ex tempore judgment granting the order as sought by the Applicant. The 1st Respondent has since requested for the written reasons for my judgment and I hereby proceed to give my reasoning.
Before I even proceed to analyse the case it is pertinent at this... More
The facts of this matter are not in dispute, the appellant is employed by the respondent. He was employed as a book-keeper.
Initially, the respondent had an acting accountant and the appellant reported to him. The accountant’s contract of employment was terminated and the appellant alleges that he had to take over some of the accounting duties. A new acting accountant was engaged and he reverted to his original book-keeper duties. But whenever an acting accountant left his employment, the appellant would assume the duties of an accountant. More
This is an application to review the disciplinary proceedings conducted against the applicant which proceedings, the applicant refused to participate in.
The application is premised on three grounds which are briefly stated hereunder:
a)The suspension letter was improper as it failed to state reasons and grounds of suspension
b) Conflict of interest
c) Failure by the disciplinary committee to accord the applicant the right to Legal representation. More
I heard this application on 14 June, 2022. I delivered an ex tempore judgment in which I struck the case off the roll with costs.
On 1 August, 2022 the registrar of this court wrote advising me that the applicant appealed my decision. He requested reasons for the same for purposes of the appeal. My reasons are these:
The applicant, which are six housing co-operatives, were sued by the respondent, the City of Harare, seeking to evict their respective members and them from its Lot 2 of Parkridge Estate which is commonly known a Paddock 27, Crowborough Farm, Harare. In... More
1. This is an appeal against the whole judgment of the High Court handed down on
8 September 2020, declaring “that payment by the applicant (respondent) of the sum of RTGS$235 620,99 together with interest at the prescribed lending rate calculated from 19 February, 2020 to the date of final payment shall be the full and final settlement of the respondent’s (appellant’s) debt.” More
On 26 August 2004, the plaintiff instituted proceedings in the High Court wherein it sued for $60 000 000.00 being the sum assured in terms of a motor vehicle comprehensive policy it held with second defendant. The first defendants were the insurance brokers who facilitated the policy. More
The plaintiff’s claim is based on contract between the parties. It is the plaintiff’s case that the defendant gave the plaintiff a sole mandate instruction to carry out design and performance of all contractual works in relation to the development and upgrade of the defendant’s property in Avondale. Having accepted the mandate, the plaintiff commenced work in October 2020. The instruction, inter alia, included feasibility studies, preliminary works, project costing budget, permit applications, roadworks designs, sewer drainage designs and construction of buildings. Plaintiff said it was a material term of the agreement for the defendant to pay the plaintiff for... More
The Applicant Honey and Blanckenberg, instituted interpleader in terms of r 30 of High Court Rules for the court to declare to whom it should pay an amount of $70 000 currently held in trust as rentals for certain companies. According to applicant’s affidavit, the companies in question are being laid claim to by nine different respondents. The tenth respondent, the Registrar of Deeds, was cited to throw light on the question of ownership by virtue of certain statutory returns that have been filed with it. Despite the assistance that the court would indeed have obtained from the tenth respondent’s... More
