Ordinarily, a judgment would not have been necessary in an unopposed application. This judgment was considered necessary to clear an issue of lis pendens which arose when this application was dealt with by CHINAMORA J on 12 May, 2021. The learned judge removed the application from the roll and made note that an appeal pending before this court which was concerned with the same thereafter was set down for hearing on 24 May, 2021. It was considered then that to grant an order as prayed for by the applicant would pre-empt the decision of the appeal court. Upon resetting the... More
The appellant was employed as a driver by the respondent. Allegations of theft were raised against him and he was found guilty and dismissed. This appeal is against conviction. More
On 6 July 2021, with the consent of the parties, this court issued an order interdicting the respondent or its agents from removing any livestock or movable property from Subdivision A of Carnock Farm, Sandown Park Farm pending the finalization of this matter. The court also directed the parties to argue for the final relief on 20 July 2021, subject to the respondent filing its notice of opposition by 8 July 2021, and the heads of argument not later than 16 July 2021. The applicant was required to file his answering affidavit and heads of argument by 14 July 2021. More
This is an application in terms of r 63 of the Rules of the High Court, 1971 for the rescission of a judgment granted in default on 24 June 2009 in case no HC 1247/07. In addition, the applicant sought for an order that the proceedings of the Pre-trial Conference held on 18 November 2008 and the result thereof be declared null and void and that a date for another Pre-trial Conference be allocated More
Their case was that Appellant was assigned duty to collect school children from an Education Camp On his way he saw a herd of impala. He tracked a male impala and shot it. He took the carcass to Chirundu where he had it skinned. He then sold the meat to one Mubaiwa. The meat was found in possession of Mubaiwa. Police arrested Mubaiwa and he stated that he had bought same from Appellant for US$40.00. More
This is an application in terms of s301(2) of the Companies Act (Chapter 24:03). The applicant is a member, director and shareholder of 1st respondent. The application is made on an urgent basis in that the 1st respondent and the applicant continue to suffer prejudice due to being unduly placed on judicial management. Applicant therefore seeks discharge of the provisional order for judicial management of the 1st respondent issued on the 19th day of March 2019 under cover of HC 167/19 in that it is not in compliance with section 299 and the requirements of s300 of the Companies Act.... More
The applicant in this matter purchased a property known as Stand 8356 Highfield, Township, Harare in terms of a written agreement of sale dated 2 February 2009. The seller of the property is recorded in the agreement of sale as FidelisHapagarwiNhapi who is not cited as a party to these proceedings. The applicant alleges that at the time of the sale Fidelis HapagarwiNhapi advised him that there were illegal occupants on the property. He was assured that the illegal occupants would vacate the property. The applicant subsequently wrote to the first respondent on 5 August 2010 indicating that he would... More
The plaintiff issued Summons against the defendant claiming a total of US50 000.00 as damages for negligently causing the death of his wife, interest at the prescribed rate from date of demand to date of full payment as well as costs of suit. The amount is made up of US$100.00 for funeral expenses, US$40 000.00 for loss of spousal support and US$9 000.00 for child support. More
In this appeal both parties raised points in limine. The parties had suggested that they could argue the points in limine as well as the merits. I objected to that and pointed out that the law requires that points in limine be disposed of first or else what is the point in raising them. Theparties’ suggestion was probably in keeping with the apparent lack of seriousness in the way these points in limine were dealt with in arguments as well as the lethargic manner in attempting to bring closure to this case.
The present appeal arose from a hearing following... More
This is an application for registration of an order of the Labour Court in terms of section 92B (3) of the Labour Court Act (Chapter 28:01). Applicant contends that, the registration of an order obtained in the Labour Court dated 20th October 2017, per KUDYA J is necessary in order to give effect to the order for the purposes of enforcement. The application is opposed.
The order sought in the draft order is in the following terms:
“1. The court order issued by the Labour Court of Zimbabwe sitting at Harare on the 20th day of October 2017 under case... More
This is an application for consolidation of LC/H/923/15 and LC/H/875/14 the 2 being appeals made against the respondent employer where in one case the employee was dismissed from work and the other was given a final warning following allegations of breaching the employment Code of Conduct.
The argument advanced for consolidation is that the witnesses who were used on the matters were the same and that the same set of facts is what birthed the allegation faced by the employees.
Consolidation is opposed on the basis that it serves no meaningful purpose since at the shop floor level the matters... More
The applicant was employed by the Respondent when allegations for alleged acts of misconduct were brought against him.
The employer had alleged that the applicant had endorsed wrong figures to reflect stocks brought back by the driver when the actual stock was less. The figures were shown, after a physical countto be less than what the applicant had endorsed. The applicant was found guilty and dismissed. The Works Council upheld the dismissal. More
This is an application to compel the respondent to provide further particulars. The respondent issued summons against the applicant on 4 September 2013 for payment of $37 688-40 being balance outstanding on the purchase of timber. The contract of sale was said to have been signed by the parties on 16 December 2010. The respondent also claimed damages in the sum of $183 782-02 for the complete destruction of the timber plantation by a veld fire which was allegedly exacerbated by the dry timber cut and left lying in the plantation by the applicant. The respondent also claimed interest and... More
In this appeal the appellant was dismissed from the respondent’s employ following disciplinary proceedings. He was aggrieved by the dismissal. He appeals to this court on the ground that:
“The Board misdirected itself in holding that the appellant was responsible for the acts stated in the charge sheet.”
The charge sheet referred in the ground of appeal does not form part of the record of proceedings. The respondent’s legal practitioner was not able to supply the charge sheet in question. However, paragraph 2.0 of minutes of the hearing held on 26 and 29 October details the charges which the appellant... More
