Applicant was dismissed from work after a disciplinary hearing held on 27 June 2013. He appeal internally and the appeal was dismissed on 23 July 2013. In terms of Rule 15 (1) of the Labour Court Rules, 2006, Applicant was required to appeal within twenty one (21) days from the date when he received the decision dismissing the internal appeal. Applicant only noted an appeal on 22 October 2013 after the stipulated time. On the same date the Applicant filed the current application for condonation of late noting of appeal. More
This is an application for re-allocation of a quantification matter to a different arbitrator made in terms of Rule 14 of the Labour Court Rules, Statutory Instrument 59 of 2006. More
The applicant is facing allegations of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23). Applicant appeared at Gwanda Magistrates’ Court for an initial remand on 4th of May 2022. He was remanded in custody to the 18th May 2022. Applicant desires to be released on bail pending his trial. This application for bail is opposed by the state on the grounds that he is a flight risk. The state contends that applicant is not a suitable candidate for bail as committed a similar offence whilst on bail on another murder charge. More
This chamber application was filed on the 12th day after the conviction and sentence of the applicant on a charge of murder in terms of Order 34 r 263 of the High Court Rules 1971. More
This is an application from the bar for upliftment of a bar for failure to file heads of argument in an application for condonation for late noting of an appeal. In other words after failing to meet the time limitations in a court process the applicant applied to be forgiven while processing that application the applicant has failed again to meet the time limitations in the application to be forgiven and now needs to be forgiven again before the original application can be considered or else the applicant cannot be heard. More
The applicants and 1st respondent entered into a sale agreement on 8 April 2015 wherein the 1st respondent sold the property in question. The applicants in turn sold the property to one Sinikiwe Charambeni. In November 2019 the 1st respondent issued summons seeking the cancellation of the sale agreement between him and the applicants on allegations that the applicants had breached the agreement. The 1st respondent subsequently obtained a default order under HC 2611/19 which order cancelled the Agreement of Sale. The applicants became aware of this development after Charambeni advised them of her eviction from the property. The applicants... More
This is an application for an interdict whose draft order is framed as follows:
“TERMS OF THE FINAL ORDER SOUGHT
That you must show cause (sic)this Honourable Court why a final order should not be made in the following terms:
1. The Applicant be and is hereby declared the 90% (ninety percent) shareholder in the 3rd Respondent. The 1st and 2nd Respondent (sic) shall do and sign all things necessary (sic) to endorse the said shareholding in favour of the Applicant on a CR 2 to be filed and issued at the companies registry within 10 day (sic) of this... More
This is an urgent chamber application for the following relief:
FINAL ORDER
“1. The execution by the respondent of the default judgment granted by this Honourable Court against the applicant on 14 September 2010 under case number HC 5254/10 be and is hereby stayed pending the final determination of application for rescission of judgment filed under case reference HC 7538/2010. More
The issue that falls for determination in this matter is relatively easy to formulate. The matter however took a long and rather tortuous road from the issuance of summons to presentation of argument before me by counsel as a stated case. More
This is an application for review. This follows the dismissal of the applicant by respondent following disciplinary proceedings. At the conclusion of the proceedings a default judgment was entered against the applicant. The applicant asserts that he was there and indeed initially the record shows that he was present. He says he excused himself and left the proceedings in order for him to go and collect his lawyer who was failing to locate the venue where the proceedings were being conducted. When he returned with his lawyer, he realized that the proceedings had continued during his absence. A determination was... More
Plaintiff issued summons against the defendant claiming payment of 80% of the market value of a 3litre engine Chevrolet Trailblazer motor vehicle in lieu of an executive perk allegedly due to him consequent upon an employment relationship. More
This is an appeal against the Respondent’s decision to dismiss the Appellant.
The Appellant was employed as a Maintenance Superintendent in the Engineering Department of the Respondent. Following allegations that the Appellant had interfered with a tender process by soliciting for a bribe from one Gwature, Appellant was charged. The Appellant was charged for contravening Sections 12 B (2) (b) (ii) and (iv) of the Labour Act. He was found liable by a Disciplinary Committee. An internal appeal was noted and it was unsuccessful. Appellant then appealed to this Court on the following grounds.
(1) That there was no evidence... More
This is an application for rescission of a default judgment entered against the applicant. He arrived at court ten (10) minutes after that judgment had been entered against him. This delay was caused by the fact that he travelled from Kwekwe which is over two hundred kilometres away from Harare where the court was being held. The appellant appears to have been keen to prosecute the matter. If he adopted a deliberate attitude in order to arrive late, the court still considers the effort he put. He will be given the benefit of doubt. He will be ruled not to... More
On 16 June 2022 a default judgment was granted in case number HC 4678/10 in the following terms; -
a. A decree of divorce be and is hereby granted.
b. Immovable property House number 421 Hobhouse Mutare together with household goods and effects are hereby awarded to the plaintiff.
c. Stand number 5070 Chikanga 3 is hereby awarded to the defendant.
d. Each party to bear its own costs More
The ghost of the Supreme Court judgment in Don Nyamande& Another vs Zuva Petroleum (Pvt) Ltd S 43/15 and the subsequent promulgation of the Labour Amendment No. 5 of 2015 continue to haunt many a Labour Court Judge. The Supreme Court judgment confirmed an employer’s right to terminate an employee’s employment contract on notice. The Labour Amendment Act sought to address the situation by providing for payment of certain terminal benefits in the amended section 12C. Employers have argued that the Act, in providing for retrospectivity, is ultra vires the Constitution and to this end applications have been made for... More
