Thematter was heard before me as an application for condonation of late noting of an appeal against an arbitral award by the Honourable Madziya dated 18th of May 2015.
The material background facts to the matter are as follows;
The Respondent was employed by the Applicant as a credit controller in 2005. In 2006 he was promoted to the position of Sales and Maintenance Officer which was a managerial position. He was earning a net salary of US$ 600.00 and allowances. The Respondent referred a claim for arrear salaries, backpays from 2012 and benefits. The matter was eventually referred to... More
The background is common cause and it is that sometime in 2011 this court quantified amounts due to the applicant as damages for unlawful loss of employment with the Respondent. More
“This matter demonstrates the challenges which emerge from parties pursuing the same issue before different judges who may each be seized with different aspects of their appeals. The result is divergent judgments from the same court. More
This is an appeal against the judgment of the High Court sitting at Bulawayo (“court a quo”) wherein the court sentenced the first appellant to three years imprisonment for each of the 17 counts he had been convicted of, with some counts being ordered to run concurrently, resulting in a total effective sentence of 45 years imprisonment. Similarly, the second appellant was sentenced to three years imprisonment for each of the 18 counts he had been convicted of, with certain counts running concurrently, leading to a total effective sentence of 48 years imprisonment. More
This is an application for confirmation of a ruling made by the Applicant in his capacity as Designated Agent for the National Employment Council for Welfare and Educational Institutions on (hereafter referred to as NEC) (date). The application is premised on Section 93(5a) (b) of the Labour Act [Cap 28:01] as amended by the Labour Amendment Act No. 5 of 2015. The Application is opposed by 1st Respondent and partially supported by the 2nd Respondent. More
Appellants appealed to this Court against their dismissal from employment by Respondent. Their attorney amended the grounds by deleting some and hearing two namely,
1. Respondent erred by substituting the penalty of a final warning with dismissal; and
2. Respondent erred in dismissing some employees whilst warning others for the same offence. More
The applicant is a Chief Mining Engineer and Shareholder in 2nd respondent, which is a mining entity under judicial management. He seeks a prohibitory interdict, which is specific to the 1st respondent. The applicant claims to have founded the 2nd respondent in 2003. 2nd respondent specializes in gold mining and processing. 1st respondent is a legal practitioner, and the judicial manager of the 2nd respondent. He has some financial interest in the 2nd respondent having made significant financial investment in that entity. The arrangement was that applicant and 1st respondent would get shareholding in 2nd respondent, commensurate with their investment.... More
In this matter the applicant was sued by the respondent for adultery damages in the sum of $25 000.00 being $12 500.00 for contumelia and $12 500.00 for loss of comfort solicity and services of the spouse i.e. loss of consortium. The applicant on being served with the summons and declaration duly entered appearance to defend and filed his plea under case No. HC 4093/16. More
Before me is an application for review of the decision of the Negotiating Committee of the National Employment Council for the Commercial Sectors. More
The first and second applicants are elected councilors for Wards 17 and 24 forHarare and Bulawayo City Councils respectively. They were elected into office in July 2018 on tickets of a political party called the People’s Democratic Party(PDP)which contested the elections under a coalition of political parties going by the moniker MDC-A.First applicant is also the mayor of Harare. More
The applicant was a councilor for Mt Pleasant and also a mayor of Harare City council. The allegations where that the applicant in the period between 1 March 2020 and 31 March 2020 asked one Addmore Nhekairo who was the Director of Housing, to allocate residential stands to Rotina Mafume his sister and Rutendo Muvuti a work colleague at Mafume Law Chambers. It was further alleged that at the time this request came, the interviews for Westlea stands had already closed and the two beneficiaries were not on the waiting list therefore did not have waiting list numbers. The applicant... More
This is an appeal made in terms of s 121 (1) of the Criminal Procedure & Evidence Act [Chapter 9:23] (“the CPEA”) as read with r 6 (1) of the High Court of Zimbabwe Bail Rules, 1971, pursuant to the Magistrates Court’s dismissal of the appellant’s application for bail pending trial. More
The appellant was convicted by the Magistrates Court of Culpable Homicide in terms of s 49 of the Criminal Law (Codification and Reformation Act [Chapter 9:23]. More
This is an application for bail pending appeal against sentence only. The applicant was convicted on two counts of stock theft as defined in s 114 (1) (a) of the Criminal Law (Codification And Reform) Act [Cap 9.23]. He pleaded guilty to both counts and was sentenced to 9 years imprisonment on each count on 10 September 2007 and is serving an effective sentence of 18 years imprisonment. The applicant successfully applied for condonation of late noting of his appeal which was granted by ORMAJEE J on 23 March 2011 in case No. 1410/09. He has since filed his appeal... More
Appellant was in Respondent’s employment as from the 2nd February, 2002 to the 29th October, 2012 when he tendered his resignation. This is common cause. More
