Appellants have approached this Court for relief after leaving Respondent’s employment. The facts show that Appellants were employed on fixed term contracts which were periodically renewed by Respondent. When these contracts were not subsequently renewed, they commenced the litigation process up to the Arbitrator. The Arbitrator ruled in favour of Respondent and the Appellants have appealed against that decision. More
This is an appeal against the decision of the Appeals Committee issued on 20 April 2015. Appellant was employed by respondent as a messenger based at Bindura. He was suspended from duty following allegations of converting or attempting to convert respondent’s monies to his own use. He was arraigned before a Disciplinary Committee and was convicted. After conviction a dismissal penalty was imposed. Appellant was aggrieved and lodged an internal appeal which was not successful More
This is an application for stay of execution following the attachment of the applicant’s property in fulfillment of a consent order granted by this court on 16 February 2010. More
It is a requirement for the law that all persons facing criminal charges are tried whilst they will be coming from home. However, in some cases a person charged with an offence may have to remain in custody till the day the court pronounces its verdict or its sentence. That is an exception to the general rule. In this case the appellants were arrested and appeared at Bulawayo Magistrates Court facing stock theft charges wherein their prayer for bail was refused by the court. They proceeded to approach this court challenging that decision to refuse them bail. More
On 5 July, 2022 the first respondent, the City of Harare, clamped the applicant’s motor vehicle with registration number AFS 0365. He had parked it in Angwa Street, Harare as he went into the Deeds Office for business. More
The applicant in casu seeks leave to appeal to the Supreme Court against this Court’s Judgement which dismissed his appeal. The application for leave to appeal was opposed. The respondent argued that the applicant’s grounds of appeal do not raise any questions of law. Further, the application was resisted on the basis that the intended grounds of appeal were not concise and that they were long and rumbling. More
This is an appeal again the decision of the Magistrate Court denying the two appellants bail pending trial. The appeal is brought in terms of s 121(1)(b) of the Criminal Procedure and Evidence, Act [Chapter 9:07] as read with Rule 6(1) of the High Court (Bail) Rules, 1971. More
The following facts are largely common cause. On 11 January 2019, the applicant signed an acknowledgment of debt in favour of the respondent in the sum of USD$384 177. The applicant undertook to pay the amount by 20 March 2019. He failed to pay the debt. The respondent issued summons against the applicant on the basis of the acknowledgement of debt. On 12 December 2019, summary judgment was entered in the respondent’s favour for payment of the sum of US$ 384 177.00, or its equivalent with interest at the prevailing interbank rate. More
MOYO J: This is a chamber application for the upliftment of a bar. The applicant avers that this is an application for the upliftment of a bar effected against him in case number HC 783/20 on the 9th of June 2020 following his failure to file a notice of opposition and opposing affidavits by the end of day on 9th June 2020. The opposing papers related to a chamber application for the dismissal for want of prosecution of HC 371/20 on the basis that the answering affidavit and the heads of argument therein had not been filed timeously. The 9th... More
This is an urgent application for stay of execution. The matter is opposed. The order sought in the Draft Order is in the following terms:
“INTERIM RELIEF GRANTED
1. Pending the return date, 2nd respondent be and is hereby interdicted from disposing of applicant’s assets taken in execution of the judgment debt in HC 196/19 by sale or otherwise.
TERMS OF THE FINAL ORDER SOUGHT
1. That it be declared that the debt owed by the applicant to 1st respondent denominated in United States Dollars being USD384 177 (as represented by the acknowledgment of debt signed by the applicant on... More
The plaintiff claims $4 169.00 arising from repairs effected on the defendant’s vehicle, a MercedesBenz registration number ABJ 4144.The salient facts of this matter are that sometime in 2009 the plaintiff repaired and supplied spare parts to the defendant’s vehicle. The defendant paid for the repairs leaving a balance of $4 169.00. In this action, the plaintiff claims the outstanding balance. More
(1) This matter was placed before me as an opposed application. On the 20th of July 2015, the applicant pursuant to an action matter filed under case number HC 412/13, obtained judgment in the sum of US$53 301.00 with interest and costs of suit against first respondent. By way of a letter dated the 6th of April 2016, the first respondent notified the applicant that it was committed to reaching a permanent settlement of the matter. Further that it had residential stands that it could give. These were described as seven high density residential stands measuring 200 square metres each... More
The Appellant was employed as a bread transfer officer at the time of the offence; He was the Acting Supervisor. He collected 3 600 loaves of bread from Simon Mazorodze bakery for transfer to Lytton Road bakery. The van was later found to have 3 200 loaves of bread and the paperwork was altered to read 3 200 loaves. In addition, the Appellant did not complete his shift paper by appending his signature to the documents. More
This is an appeal against the decision of a Disciplinary Committee constituted by the Respondent, in terms of which the Appellant was dismissed from employment for breaching his contract of employment and conditions of service.
The facts that gave rise to the dismissal, briefly outlined, are as follows:
The Appellant was employed by the Respondent as Liquid Petroleum Gas (LPG) Sales Engineer. The Respondent is a company engaged in the business of procuring and distributing petroleum products, which include LPG. More
