On 29th March 2012 the Honourable E.F. Chitsa made an arbitration award. In
terms thereof he upheld Respondent’s termination of Appellant’s employment. Appellant then appealed to this Court. Respondent opposed the appeal. However at the hearing the matter took a dramatic turn. Both parties agreed that the disciplinary proceedings by Respondent against Appellant used wrong procedures. Respondent no longer opposed the appeal. However it had issues with the relief Appellant sought. At the conclusion of his oral argument, Appellant’s attorney prayed that the arbitration award be set aside. In addition he prayed for the reinstatement of Appellant by Respondent. More
This is an urgent chamber application to interdict the first and second respondents from selling a certain piece of land situated in the District of Harare known as No. 34 Arcturus Road, Highlands, Harare held under Deed of transfer No. 3496/09, measuring 4334 square metres (herein after referred to as the property) to any other person without offering the said property to the applicant first. More
The parties in this matter happen to be workmates and neighbours at a vending market place.
According to the pre-trial conference minute as well as the opening addresses by counsel, there is one issue to be decided.
Ms Busayi for the plaintiff addressed the court that plaintiff would lead evidence regarding the damages that he suffered as a result of an accident negligently caused by the defendant. She saidthese included future medical expenses as well as damages for pain and suffering loss of earning capacity and loss of amenities of life
Mr Mlalazi for the defendant stated that defendant will... More
The plaintiff and the defendant are husband and wife. They contracted a customary law union in 1992 and married in terms of the Marriage Act [Cap 5:11] on 17 February 2005. The marriage was blessed with three children the eldest who is now a major. More
At the trial of this matter, the defendants were in default. They were duly served with the notice of the trial on 1 October at their chosen address for service. The plaintiff moved for default judgment to be entered against the defendants as prayed for in the summons. Entertaining doubts as to whether or not the plaintiff’s claim was sound, I requested the plaintiff to address me on whether or not the original contract between the parties was not in contravention of the Exchange Control Regulations and thus unlawful. The plaintiff, who appeared before me in person, opted to file... More
This is an application in which the applicant seeks an order in the following terms:
“1. The decision of the first respondent in dismissing the application for the rescission of default judgment be and is hereby set aside and the application for the rescission of default judgment be and is hereby granted.
2. The second respondent shall pay costs of suit.” More
The plaintiff who is a cessionary, sued the defendant for the payment of the sum of $7000-00. The claim was based on an acknowledgement of debt signed by the defendant on 25 October 2008. The defendant defended the matter up to the pre-trial conference stage when he defaulted. His defence was struck out and the matter was referred to the unopposed roll. More
This is an application in which the applicant, a debt collector, seeks summary judgment against the respondent. The applicant sued the respondent as a cessionary for payment of the sum of US$1 245-00 together with interest thereon at the prescribed rate, collection commission and costs of suit arising out of a hire agreement in which the respondent allegedly hired a motor vehicle belonging to one Chengetai Joseph Chimboduring the period of 1 June and 7 September 2010. More
The plaintiff issued summons against the defendant on 13 October 2010 claiming:
a) Payment of US$10,360-00 being outstanding arrears accrued during the periods May 2010–September 2010 respectively for the leased commercial premises known as number 599 Galloway Road Norton. The cedant TWRE Zimbabwe Limited ceded its rights, title and interest to the plaintiff who now sues as cessionary.
b) Interest thereon on the principal sum of US$10 360-00 at rate of interest 5% per annum from date of summons to the date of full settlement.
c). Costs of suit and collection commission.
The defendant excepted to the plaintiff’s summons in... More
At the close of plaintiff’s case in a relatively short trial defendant’s counsel applied for absolution from the instance plus costs of suit on a legal practitioner and client scale.
The plaintiff issued summons claiming a sum of US $1 315, interest at the prescribed rate on the principal sum from the date of accident to the date of final payment, collection commission at the rate of 30% plus costs of suit. At the commencement of trial the plaintiff had sought not to lead any evidence on the assumption that there were no triable issues. This is despite the fact... More
Thematter was heard before me as an application for condonation of late noting of an appeal against an arbitral award by the Honourable Madziya dated 18th of May 2015.
The material background facts to the matter are as follows;
The Respondent was employed by the Applicant as a credit controller in 2005. In 2006 he was promoted to the position of Sales and Maintenance Officer which was a managerial position. He was earning a net salary of US$ 600.00 and allowances. The Respondent referred a claim for arrear salaries, backpays from 2012 and benefits. The matter was eventually referred to... More
The background is common cause and it is that sometime in 2011 this court quantified amounts due to the applicant as damages for unlawful loss of employment with the Respondent. More
“This matter demonstrates the challenges which emerge from parties pursuing the same issue before different judges who may each be seized with different aspects of their appeals. The result is divergent judgments from the same court. More
