The facts giving rise to the case are that the employees after leaving the respondent’s employment approached an arbitrator arguing that they were owed money by respondent. They say that the money was what they should have been paid because they were doing the duties of a shopkeeper and therefore entitled to the salary for that grade.
The arbitrator ruled that they had only managed to demonstrate that they were working as general hands. To that end they are not owed what they claimed except for a few days leave which the employer agreed to pay them. An order was... More
This is an application for condonation for late noting of an appeal. The applicant was convicted of eight counts of armed robbery and ten counts of attempted robbery. He was found to have been on a car-jacking spree between 14 and 30 April 2003 in Bulawayo in the company of some foreigners. He was sentenced on 20 January 2006 as follows:
“Counts 1, 2, 3, 5, 6, 7, 8 and 10 – five years imprisonment (each count).
Counts 4 and 9 as one for sentence - five years imprisonment
Total 45 years imprisonment. Of the total of 45 years imprisonment... More
The applicant is employed by the respondent as a revenue officer. The dispute between the parties relates to the alleged non-payment of the applicant’s salary by the respondent. The basic facts of the dispute are common cause. The respondent as part of its staff development has a policy wherein employees are permitted to improve themselves academically or otherwise. To that end they may take study leave on conditions which are laid out in a document called “ZMIRA Staff Training and Development Policy”. The policy document provides for study leave of a maximum thirteen days in a calendar year. This type... More
Applicant filed an application for a declarator in which he is seeking that the forensic audit report conducted by the 4th and 5th respondents on the affairs of 1st and 2nd respondents be declared unlawful and that 3rd, 4th and 5th respondents bear costs of the application on the higher scale.
At the commencement of this hearing, respondents’ counsel raised 5 preliminary points, which are that:
1. Applicant is making out a new case in the answering affidavit
2. There are material disputes of facts
3. 5th respondent does not exist in the manner it was cited
4. 3rd, 4th... More
The applicant seeks an order to the following effect:-
1. Applicants be and are hereby declared as majority shareholders of 2nd respondent jointly and severally owning 57,45% of the shares.
2. The share certificate purporting that 4th respondent is the 100% shareholder of 2nd respondent be and is hereby declared null and void. More
After hearing and assessing the evidence led in this case, on 27th of March 2013 I pronounced the following order;-
“ Consequently I order as follows:-
1. The defendant and all those claiming occupation or ownership through him of subdivision 1 of Roslin farm in Seke District of Mashonaland East Province measuring approximately 390.58 hectares in extent be and are hereby evicted from the said farm on or before 30 May 2013. More
This was an opposed court application for the rescission of a default judgment made in terms of Order 9 Rule 63 of the High Court Rules 1971. I dismissed the application and below are my reasons for the dismissal.
The applicants contended that on 13 April 2013, respondent, (who is the plaintiff in HC 3534/12) got a default judgment in case No. HC 296/13 by way of summary judgment. It was the applicants’ contention that they only became aware of the said judgment on 20 October 2015 when a notice to attach and sell their immovable property was found at... More
On 17th November 2022 at Harare, Designated Agent (DA) V. Tasiyana issued a determination. He dismissed appellants’ (employees) claims of unlawful termination by respondent (employer). The employees then appealed to this Court. The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01. The employer opposed the appeal. More
The first applicant woke up from his slumber on 17 October 2017 when he was personally served with summons for Civil Imprisonment in case number HC9035/17. He and the second applicant then mounted this application for rescission of a default judgment that had been granted against them in HC 9883/15 on 11 March 2016. This application is being made in terms of r 63 of the High Court Rules 1971. More
This is an application for bail. The applicant has 2 matters in which he is facing charges of murder. The applicant appears under 2 different names. In the trial which is before PHIRI J his name is given as John Mabhunu, which is the name under which the instant application has been made. More
The application placed before me is for rescission of a default judgment entered against the Applicants by my sister MUZOFA J on the 27th of November, 2013. The application is opposed. More
This is an application for the confirmation of a draft ruling by the applicant. Brief background
The brief background is that the 2nd respondent was engaged by the 1st respondent in terms of various fixed term contracts as a finance director for its project in Zimbabwe. More
This is an application by a Labour officer. It is for the confirmation of the officer’s draft ruling. It is in terms of section 93 (5a) (a) and (b) of the Labour Act, Chapter 28:01 (hereafter the Act). The application is opposed by the first respondent and supported by the second respondent in favour of whom the draft ruling is. More
2. The second and third respondents were employed by the first respondent on a permanent basis i.e contract without limit of time. They were employed as section managers at one time. They were moved to the head office into the office of buying clerks. The post of buying clerk is a higher post than that of section manager. It is a post with new responsibilities. There was an increase of ZWL90-00 in salary. There was no paperwork to effect the movement to the new post. There were no other benefits that were paid. The two respondents claimed that in actual... More
