This is an application for leave to appeal to the Supreme Court against a judgment of this court.
This court in Judgment No LC/H/111/2013 ruled that the operation of an award by an arbitrator must be suspended pending the determination of an appeal against it. This is provided for in section 92E(2)and(3) of The Labour Act Chapter 28:01 (The Act). More
This is an application for leave to appeal against the decision of this Court that was handed down on 3 July 2020. In its judgment this Court ordered the Applicant to pay Respondent damages in the sum of US$10 328-00.
The Respondent has raised the following point in limine.
(i) That the application is improperly before this Court because Applicant has cited itself as Innscor Africa Limited t/a Bakers Inn Bakeries instead of Innscor Africa Bread (Pvt) Limited as appears from the judgment under case LC/H/145/20.
It is the Respondent’s argument that the applicant is improperly before this court because... More
This is an appeal at the instance of the appellant employer against a decision of the arbitrator who set aside the respondent employer’s dismissal penalty in a case where the respondent had been found guilty of conduct inconsistent with the fulfilment of his contract, theft or fraud and wilful disobedience to a lawful order in contravention of the Model Code. More
On 5 March 2009 the plaintiff herein instituted proceedings against the three defendants, jointly and severally, the one paying the others to be absolved for the payment of an amount of US$ 30 306.13, interest at the prescribed rate and costs of suit. The defendants all entered appearance to defend and filed a joint plea. In due course the matter was referred to a pre-trial conference before a judge in chambers and it was thereafter referred to trial. A joint pre-trial conference was filed by the parties which encompassed the issues for trial as well as the admissions made. When... More
The employee brought a claim for unlawful termination of employment, unfair treatment upon transfer, victimization, non-payment of termination and underpayments. His claims for unfair treatment upon transfer, victimization, non-payment of overtime, non-payment of terminal benefits and underpayment of wages were dismissed as being without merit. His claim succeeded in relation to unlawful termination. The employee has not cross appealed against the decision of the designated agent. The employer (the appellant) was not happy with the outcome and appealed to this Court. More
On 21 March 2017 we delivered an ex tempore judgment wherein we dismissed the appeal with costs. By letter dated 29 May 2017 the appellant counsel requested for written reasons for judgment, these are they. More
When the Registrar sought directions to enable compliance with the order it dawned to me that the order I had issued was erroneously sought and granted. That erroneously issued order is incapable of enforcement as it has no legal basis for its issuance. The Registrar could thus not enforce it. Upon realising the error I communicated with the Applicant’s Counsel pointing out that the order issued had to be revoked in terms of order 49 rule 449 of the High Court Rules, 1971. Rule 449, deals with correction, variation and rescission of judgments and it states:
“1. The court or... More
: In case No. HC 6193/20 I rendered a judgment ref HH 898/22 on 29 December 2022. The parties herein were applicant and respondent. In the said case the applicant as owner of a property occupied on lease by the respondent claimed for an order with costs for vindication of its property from the respondent and for the respondents’ ejection or eviction from the property. The property in issue is described as stand 22 Julius Nyerere way Harare. In my judgment aforesaid, I found for the applicant and granted its prayer. The respondent not being satisfied with my judgment noted... More
The plaintiff issued summons against the defendant claiming 52 811 kilogrammes of cotton or, in the alternative, payment of a sum of US$37 802 and interest thereon, together with costs of suit. The claim is in respect of bales of seed cotton allegedly taken by the defendant’s agents from the plaintiff’s collection depots at Chinhoyi, Chiredzi, Chipoli, Mash East, and Mukumbura. More
The applicant herein seeks the following relief:-
“1. That the respondents and all persons claiming occupation through them be and
are hereby directed forthwith to vacate the property known as Greenhills Farm situate at the PrimaFlora farming operation in Tynwald, together with all their goods and chattels, and failing which the Deputy Sheriff together with such officers of the Zimbabwe Republic Police as he may require shall eject the respondents aforesaid together with all persons claiming occupation through them from the said premises.
2. That the respondents shall bear the costs of this application and all coats of the Deputy... More
The plaintiff issued summons against the defendants claiming payment of US$32 501-28 and interest at the rate of 6% permonth calculated monthly in advance and compounded monthly in arrears reckoned from 1 December 2012 to date of full and final payment together with collection commission and legal costs on an attorney and client scale. More
The plaintiff, a commercial bank which is in liquidation, instituted an action against the defendants claiming payment of the following:
“(a) US$983149-19 being capital.
(b) US$124 432-12 being interest
(c) interest on the sum of US$983 149-19 at the penalty rate of 10% per annum over and above the rate of interest applicable to the first defendant’s overdraft from time to time from the 20th of May 2015 to date of full payment.” More
The parties referred to the court for determination as a stated case the single legal issue “whether costs of suit on an attorney client scale and collection commission as provided for under the Law Society of Zimbabwe By-laws (1982) are payable by the first and third defendants jointly and severally, the one paying the other to be absolved, and if not, to determine the appropriate scale of costs”. More
The plaintiff’s claim is for provisional sentence in the amount of Four Hundred and Fifty Thousand United States Dollars (USD 450 000-00) with interest thereon at the rate of 20% per annum from 4 March 2013 to date of payment in full. More
