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
This is a civil claim in which the plaintiff seeks to recover a sum of US$616,518 paid to the defendant under an abortive land transaction. The plaintiff’s case is founded on restitution (unjust enrichment) after a sale of land and a subsequent lease arrangement between the parties were both declared void for illegality. The defendant received and retained the plaintiff’s funds but has refused to refund them, prompting this litigation. In its defence, the defendant raises two primary legal objections: prescription (that the claim is time-barred) and currency conversion (that any obligation to refund was converted to RTGS dollars at... 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
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. More
The applicant was charged of acts of misconduct at the workplace. The procedure for the hearing was that there would be a hearing committee and a prosecutor/presenter of the case. At the hearing the prosecutor (who is late) entered into a plea bargain with the applicant’s counsel. Unfortunately the plea bargain was not disclosed to the hearing committee as such. The applicant was heard and he apparently pleaded guilty and was convicted. However the penalty did not follow the plea bargain. The Applicant appealed to the Appeals Committee but did not raise the review issues. It is noted that Codes... More
1 This is an application for review of the proceedings of the disciplinary authority. Those proceedings were subject of an internal appeal which appeal upheld the proceedings. More
This is an appeal against the respondent’s decision to dismiss the appellant. The appellant raised 3 grounds of appeal. At the commencement of the appeal hearing a preliminary issue was raised on behalf of the respondent. The issue was whether or not grounds 1and2 of appeal were properly before the Court. After hearing and considering argument the Court upheld the preliminary issue and ruled that the two grounds were not properly before the Court More
Applicant was in the employ of the Respondent as a baker. During the course of this employment he was charged with misconduct. As can be gleaned from the ‘Charge Sheet’, Applicant was charged with ‘Absenteeism’ in terms of Group IV Offences, Section 1 of the Code of Conduct ‘Absence from work for seven (7) or more working days without reasonable excuse’. It was alleged that he had not reported for duty during the period extending from 10 October 2019 to 20 October 2019. A letter suspending the Applicant from duty without salary and benefits was issued by Respondent on 21... More
