On 28 August 2020, the plaintiffs issued summons against the first defendant. The action arose out of an alleged breach of an agreement of sale of immovable property and mortgage facilities concluded between each of the plaintiffs and the first defendant. More
On 8 September, 2010 I erroneously granted an order, following a chamber application, registering an arbitral award in favour of the applicant against the Ministry of Finance as if the correct respondent was Smallholder Micro-Irrigation Development Support Programme (“the Programme”). The Programme is donor-funded by the European Development Fund.
Subsequent to the registration of the arbitral award, it was brought to my attention via my sister judge – Gowora J – who had dealt with an urgent chamber application by the Programme to stay the sale in execution of the Programme’s motor vehicles which had been attached pursuant to the... More
On 4th April 2016 at Harare, Arbitrator S Mugumisi issued an arbitration award. He dismissed the appellants’ claims against the respondent for an increase of their retrenchment packages. The appellants then appealed to this court. The respondent opposed the appeal. More
The Applicant’s appeal before this Court was dismissed on 20th June 2013. The Applicant intended to appeal against the dismissal but was out of time. The Applicant then filed an application for leave to appeal to the Supreme Court coupled with an application for condonation. Since this was an improper procedure the Applicant then withdrew both applications. Thereafter Applicant filed this application for condonation for late filing of the application for leave to appeal to the Supreme Court. More
This is an application for condonation for non-compliance with the Rules of this court and for an extension of time within which to file and serve a notice of review in terms of the same Rules. The application is not opposed by the 1st Respondent but is opposed by the 2nd Respondent. More
Appellant was employed by First Respondent as a disposal Supervisor. She was charged, found guilty and dismissed for breaching paragraph 9 and 13 (a) of the First Schedule of the Health Services Regulations 2006. The charges were of theft of, or making improper or unauthorized use of state property and corruption or dishonesty.
The facts giving rising to the charges were that on 14 June 2013 during a routine search at ward A6 entrance at Parirenyatwa Group of Hospitals, appellant had been found in unauthorized possession of 10 ampoules of propofol, 1% Fresenius injection (20ml) and 10 sachets bacterex disinfectant... More
The delay in the preparation of this judgment is sincerely regretted. As can be seen from the dates of hearings the trial took long to complete. This was largely because as from 26 January 2011 the court had to adjourn on the promise that the plaintiff’s wife, one Anna Dube (Mrs Dube) would arrive from the United Kingdom to testify. After a long wait, she never came and the trial had to proceed without her.
The background to this case is as follows:-
On 2 February 2009 the plaintiff issued summons out of this court seeking the following relief:-
“1.... More
This is an application for the confirmation of draft ruling in terms of section 93 of the Labour Act [Chapter 28:01] (the Act).
At the hearing of this matter, two preliminary points were raised by the second respondent who is the employer party. I use the term employer party loosely bearing in mind that the second respondent disputes that it employed the 1st Respondents. More
In a judgment issued on 27 July 2023, this Court issued a judgment with the following Order: “1. The application for confirmation of the draft ruling is granted.
2. The draft ruling of Gracious Rutendo Chirendo N.O. is confirmed with the following amendment:
a. The claim for unlawful termination of the relocated fixed term contract is hereby granted.
b. The claimant shall be entitled to damages for the unexpired term of contract.’
3. Parties are hereby ordered to file submissions in respect of mitigation of damages and non-payment of salaries within ten (10) days from the date of this order.... More
This is an application for confirmation of a draft ruling in terms of section 93 of the Labour Act, (Chapter 28:01). The common cause facts are that the First Respondent was employed by the Second Respondent as a project manager for Mashonaland Province. Parties signed a contract to this effect which was supposed to expire in December 2019. Second Respondent later assigned other duties to First Respondent in Muzarabani. A contract to this effect was signed which was supposed to expire in April 2020. At the expiration of the latter contract no communication was made between the parties in written.... More
This is a court action in which the plaintiff is claiming the sum of US$1. 824 478.80, for professional services rendered by it to the defendant. The professional services concerned were allegedly rendered to the defendant over a period of ten years, from 2002 to 2012. Defendant filed a plea in which aside from denying that it is liable in contract, it raised in point in limine, challenging the plaintiff’s locus standi in judicio to file suit, alleging that because plaintiff cited itself as an association, when it is neither an association nor a partnership, defendant is therefore disqualified form... More
This is an application for the re-opening of the estate late Wilson Muchiyani Mudawini. The applicants are some of the children of the late Wilson Muchiyani Mudawini (hereinafter referred to as the Late Wilson) who died intestate at Bulawayo on 7 February 1994. More
This is an appeal against part of the judgment of the High Court (“the court a quo”) which granted an application for the registration of an arbitral award. More
