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
This is an application for rescission of a default judgment made in terms of Rule 449 (1)(a) of the High Court Rules, 1971 (“the old Rules”). That judgment was granted by this court under case number HC 4052/11. What happened is that, the applicants (who were parties) in those proceedings, defaulted in filing their plea. More
This is an application for summary judgment. The background to the matter is that on 28 November 2005, the applicant (then the plaintiff) issued summons under case number HC 6208/05. The applicant claimed payment of the sum of $10 208 059-35 (revalued) owing in terms of an acknowledgement of debt dated 16 November 2005, interest at the prescribed rate from 11 November 2005 to date of receipt of payment and costs of suit. On 6 February 2006, the respondent (then the defendant) entered an appearance to defend. After having requested for further particulars, and further and better particulars which were... More
The plaintiff instituted these claims based on two acknowledgments of debt documents, [hereinafter referred to as AODs]. The plaintiff claims $26 258-12 and $38 402-03 being monies advanced to the defendant in respect of wheat and soya beans farming respectively. It claims that the defendant has failed, refused and neglected to pay the amounts in breach of the AODs. The defendant admits signing the AODs but claims that he did so under duress and undue influence. The issue referred to trial is whether the AODs were signed freely and voluntarily. More
