This is an urgent chamber application in which the applicant is seeking in the interim an order that the respondents be interdicted from executing an order of this court given in Case No. HC 9602/11 pending determination of an application for the rescission of that judgment which was filed under Case No.HC 5490/13. The final order sought is for the setting aside of the order given in Case No. HC 9602/11. That is the same relief which is being sought in a separate application instituted by the applicant in HC 5490/13. More
This is an appeal against an arbitrator’s decision barring Appellant from reinstituting proceedings against the Respondent. The brief facts are that the Respondent was employed by the Appellant as a Regional Manager based at Bindura. Respondent was charged for contravening sections 4(a) and 4(b) of Statutory Instrument 15of 2006 and was found guilty and dismissed from work. The matter was subsequently referred for conciliation where a certificate of settlement was issued. More
The matter came before me as a matter for a review of the decision for a review of the decision by the N.E.C’s decision by the Local Joint Committee in a case which involved the now Applicant(the employer) and the Respondent(the employee). On the date of hearing the Respondent raise points in limine which are the subject of this ruling. More
Job’s patience is certainly among the virtues which a judicial officer must possess in the discharge of his/her functions especially when dealing with a lay person self-actor to whom knowledge of both adjectival and substantive law is an intellectual exercise not subscribed to by the common man. More
This is an application wherein applicant seeks the following relief:
“1. The 1st respondent’s action instituted by summons under case HC 411/13 be and is hereby dismissed on the grounds that it is frivolous and vexatious.
2. The 1st respondent shall pay the costs of suit on an attorney and client scale.” More
This is an appeal against a decision by an arbitrator. The grounds of appeal are that:
1) The Learned Arbitrator erred at law at in failing to find that the respondent was guilty of wilful obedience to a lawful order.
2) The Learned Arbitrator erred in failing to find that there were no mitigatorycircumstances and that dismissal was the appropriate penalty.
The respondent was employed by the appellant as a security guard. He was performing his duties at Delta, Mvurwi which is one of the appellant’s clients. During the performance of his duties he caused the arrest and subsequent dismissal... More
The respondents were employed by the appellant as security guards. Following the respondents’ visit to the appellant’s offices in Harare to claim arrear salaries, the respondents were charged with absenteeism and were dismissed. The matter ended up in arbitration and the arbitrator found in favour of the respondents. The appellant is dissatisfied with the award and has appealed to this court. More
This is an application for review.
The applicant was employed by the 2nd respondent in 2007. On 7 August 2013, the applicant was transferred to New Ambassador Hotel as an acting Front Office Manager. The appellant submitted that the substantive front office manager had then been suspended on allegations of various acts of misconduct. More
This matter was set down as an appeal against the arbitrator’s decision where he refused to hear the appellant employer’s rescission of judgment application on account of the fact that it had instituted multiple proceedings and such was contrary to the spirit of the law. More
This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of Section 82(1) of the Parks and Wildlife (General Regulations 362/1990) as read with section 128 (b) of the Parks and Wildlife Act(Chapter 20:14). The applicant denies the charges and avers that he is a proper candidate for bail. The State opposes this application.
Factual Background
The State alleges that on the 15th November 2021 at Mlibizi Turnoff, Binga, the applicant and his co-accused were found in possession of one piece of raw elephant tusk without a permit, after... More
The plaintiff issued a summons for Provisional Sentence on a liquid document claiming from the defendant an amount of US$10 500-00. The plaintiff averred that its claim is based on a letter dated 27 July 2009 executed by the defendant’s accountant acknowledging the debt due. The letter states that an amount of US$15 000-00 is payable to the plaintiff. The letter also states “We wish to pay yourselves $500-00 .... weekly or US$2 000-00 a month.” More
The applicant has approached this court seeking leave to reinstate case number HC 129/18 (hereinafter referred to as the main case) which case was deemed abandoned and dismissed on 7 December 2022. Applicant and respondent are husband and wife respectively. The main case sought to be reinstated was a matrimonial action. The respondent has opposed the application mainly on two grounds. More
This has been a highly contested and protracted matrimonial action. The plaintiff issued summons against the defendant on the 18th of September 2018 praying for a decree of divorce and ancillary relief which included custody of the children and division of the assets of the spouses. The plaintiff’s summons and declaration were countered by the defendant’s elaborate plea and counterclaim which ballooned the contested issues to include spousal maintenance as well as maintenance of the children, custody of the minor children, the distribution of both movable and immovable assets. More
This is an appeal against the decision of Respondent’s Disciplinary Committee, in terms of which Appellant was found guilty of misconduct and dismissed from employment. More
