The applicants were employed by Martindale Catholic School in different capacities. Sometime in June 2021, the respondent purported to retrench the applicants allegedly without following lawful retrenchment procedures in terms of Section 12C (1)(a) (i) (ii) of the Labour Act [Chapter 28:01] (the Act). The applicants challenged their retrenchment arguing that the process was flawed. The respondent proceeded with the process regardless and paid the applicants their retrenchment packages. More
The appellants were employed in various capacities. They were retrenched on 28 July 2021. The appellants challenged the retrenchment on the basis that the retrenchment process was unlawful as they were retrenched by a non-existent entity. Martindale Catholic Primary School which retrenched them was not their employer and it had no right to retrench them. Martindale Primary School was registered under the name; Little Children of our Blessed Lady Sisters. It was argued that Little Children of our Blessed Lady Sisters ought to have retrenched them and not Martindale Catholic Primary School. More
This appeal is totally devoid of any merit.
The appellant is aggrieved by the decision of the court a quoin granting an interpleader application in favour of the second respondent.
The appellant had entered into an agreement with the first respondent in terms which the two were to exchange certain beasts. In order to satisfy his side of the bargain, the first respondent fraudulently passed over to the appellant three beasts, the property of the second respondent. More
At the onset of the review application the applicant raised the point in limine stating that there is no opposition to the review application on account of the fact that the opposing affidavit was deposed to by a person who did not file with the court a board resolution indicating that he is authorised to depose to the affidavit. More
Applicant states that she was placed on indefinite suspension if one has regard to the time it took the respondent to conclude her matters. It is her view that such conduct was in breach of section 6(2) (b) of the National Code which is imperative that the disciplinary proceedings if commenced should be concluded within 14 days. In response to this the respondent argued that applicant was the author of her own misfortune in that she delayed in availing the documents which were needed to conclude the audit. A reading of the record however shows that the whole delay could... More
This is an application for confirmation of the provisional order granted on 28 February 2020. The interim relief which was granted in that provisional order was for stay of execution of the judgment granted in favour of the respondents in Case No. HC 2954/18 pending the return date. The final order sought is for a declaration that the payment of RTGS$452 000.00 by the applicant fully discharged the applicant’s obligations under the judgment in HC 2954/18 and for an order for the release of any property which might or could have been attached in execution of that judgment. Applicants also... More
The 1st Respondent shall do all such acts an sign all such documents as are necessary to pass transfer of certain piece of land called a certain piece of land situate in the District of Salisbury called subdivision D of subdivision C of Lot 15 Block C of Avondale, (the property) to the applicant within (7) days of service of this order on it, failing which the Deputy Sheriff Harare is hereby empowered and directed to do all such acts and sign all such documents on behalf of the 1st Respondent;
2. The 2nd Respondent shall approve and register the... More
1. This is an application for bail pending trial. The applicant is charged with the crime of contravening section 82(1) of the Statutory Instrument 362 of 1990 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14] “Unlawful possession of ivory.” It being alleged that on the 4thJune 2022 the applicant in the company of an accomplice who is at large was found in possession of unmarked ivory. More
This is an application for rescission of judgment in two matters, HC 6627/10, and HC 3805/08, brought in terms of Order 49 rr 449(1)(a) of the High Court Rules, 1971. The relief sought by the applicant, is for an order in the following terms: More
KABASA J: This is an application for bail pending trial. I handed down an ex tempore judgment after the matter was argued. I have decided to provide written reasons although such have not been requested for.
The applicant who is aged 40 is facing one count of armed robbery as defined in section 126 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 and a second count of attempted murder as defined in section 47 as read with section 189 of the same Act. More
After considering the papers filed of record and hearing counsel, this Court issued the following order:
“It is ordered that:
1. The application for the trial of the applicant in case number CRB 8/2000 to be permanently stayed be and is hereby dismissed.
2. The matter is remitted to the trial judge at the High Court, Harare, for the reconstruction of the missing record, to include the reasons for conviction, proceedings and findings on the question of extenuation and thereafter for him to pass sentence.
3. The reasons for this order will follow in due course.
4. There be no... More
The applicant approached the Constitutional Court alleging that his right to personal liberty has been infringed by the first respondent, a police officer on secondment to the second respondent (hereinafter referred to as “ZACC”). The applicant asserts that the first respondent arrested him following a warned and cautioned statement, alleging that he had committed offences of abuse of office, fraud, corrupt concealment from a principal of personal interests in a transaction, and obstruction of the course of justice. More
