The background to the matter is that the employee approached the Labour Court on a damages claim against the employer despite the fact that the parties had entered into an agreement where they had settled their labour dispute vis what the employer owed the employee. When the matter was set down for hearing the employer defaulted giving rise to a default judgement in favour of the employee. The employer applied for rescission of the default judgement but its application was saddled with irregularities which the employee raised as points in limine. More
This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows:
“TERMS OF INTERIM RELIEF SOUGHT
It is ordered that:
1. The sale of the property known as LOT 5 of LOT 264 Greendale Township, Harare also known as No 1 Sancha Close, Greendale, Harare be and is hereby suspended pending the final determination of this application.
2. The applicant and the first respondent be given until the 14th October 2011 to come to an agreement on the property failing which the applicant shall institute any necessary proceedings within seven days of the... More
: On 5 November 2006, the plaintiff issued summons out of this court, claiming the sum of $50 million as damages for an assault allegedly perpetrated upon her by members of the Zimbabwe National Army. The claim was resisted and the matter was referred to trial to determine whether the plaintiff was assaulted by members of the national army and if so, whether she is entitled to the amount of damages claimed. More
The Applicant and the 1st Respondent are engaged in a mining dispute. The default judgment order was served on the Applicant on the 13 of June 2023. She contends that, that is the first day and time she first knew of the matter under HC157/23. As soon as she became aware of the Default Judgment order she mounted an application for the rescission of that judgment under case number HC 1299/23 in this court. More
The applicant, a holder of mining rights in Zhombe, defaulted in submitting the statutory inspection fees resulting in the forfeiture of her mining claims by the first and second respondents. The claim against the third respondent was withdrawn during the course of the parties’ reciprocal pleadings. More
This is an application in terms of Order 13, r 87 (2) (b) of the High Court Rules, 1971 (then applicable) where the applicants seek to be joined (as fourth and fifth respondents) to proceedings under HC 3727/20. The applicants aver that they have a direct and substantial interest in the issues involved in HC 3727/20. At this juncture, it is relevant to state that Zuva Petroleum Two (Pvt) Ltd brought an application for joinder to the same proceedings under HC 4323/20, which I granted in a judgment delivered as HH 55-23. More
This is an urgent chamber application for leave to execute pending appeal.
The background facts are these:-
The applicants obtained judgment (HB 280/21) in their favour in case number HB 1917-21. The respondents were found to have despoiled the applicants when they took occupation of 145 hectares at Esidakeni Farm on the basis of an offer letter but without following due process with regards to the eviction of the applicants who were in peaceful and undisturbed occupation of the property. The effect of the judgment was to order the respondents’ eviction from the farm on the basis that they ought... More
: The history of the matter is as follows:-On 15 January 2018, the applicant filed an urgent application for registration of a caveat against a certain property namely subdivision 6 of Lot 1 A Greendale otherwise known as 3 Rhodesville Avenue, Greendale Harare. More
The appellant was arraigned before the Magistrates’ Court sitting at Harare on the following charges. Firstly, 66 counts of theft as defined in s 113(2)(c) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] alternatively theft as defined in s 113(2)(d) of the same Act. Secondly, 73 counts of fraud. He was convicted after a lengthy trial of 66 counts of theft and of 70 counts of fraud. He was found not guilty and acquitted on the alternative charge of theft. He was sentenced as follows. All the theft counts were taken as one for purposes of sentence and... More
On 11 August 2023 applicants filed their answering affidavit and heads of argument. It is noted that on 3 August 2023 first respondent filed the first notice of opposition, the opposing affidavit of which does not have a date endorsed on by the commissioner of oaths. Contrary to what was agreed and ordered on 4 August 2023, by 17 August 2023 first respondent had not filed anything. It was only after follow ups were made that a supplementary notice of opposition was availed. Strangely the notice of opposition (supplementary) availed is dated 2 August 2023 and the opposing affidavit whose... More
On the 28th of November 2022 the applicant was invited for a disciplinary hearing .He was alleged to have violated Part VI Group 4 of the National Employment Council for the Commercial Sector Employment Code of Conduct and Grievance Procedures (NECCS)( the code). He appeared for the hearing on 7th December 2022 before Designated Officer, one Ndingindi (Ndingindi). On 21st December 2022 Ndingindi made findings and convicted the applicant and penalized the applicant with dismissal. On the 23rd of December 2022 Ndingindi wrote the applicant withdrawing his letter of the 21st of December .On that same date the 23rd of... More
This is an appeal against an arbitral award wherein Appellant is arguing that the Arbitrator erred when he made a decision that Appellant was fairly dismissed which decision was not backed by any reason or explanation. More
This is an application for dismissal for want of prosecution of case number HC 8645/18. The following is the order sought.
1. The application for dismissal of the action in HC 8645/18 for want of prosecution be and is hereby granted.
2. The action in HC 8645/18 is and hereby dismissed for want of prosecution.
3. The Respondent shall pay the Applicant’s wasted costs in HC 8645/18 and costs of this application on attorney-client scale.
The application is opposed. More
The appellant was employed by the respondent as a receptionist when, on the 6th November 2012 she was suspended, on allegations of negligence in the course of her duties for a missing blank receipt number 23143. This was done in terms of the NECCS employment Code of Conduct. Following a disciplinary hearing, appellant was found guilty and dismissed. More
KHALID MOHAMMED GOMAA SIAM(1st Applicant) was born in Palestine, migrated to Zimbabwe and was eventually registered as a citizen of Zimbabwe on 13th February 2009. DUNIA FAWZI FAYEZ SIAM (2nd Applicant) is a citizen of the Hashemite Kingdom of Jordan and a permanent resident of Zimbabwe. The first and second Applicants are husband and wife and also the biological parents of QUDS KHALID MOHAMMED GOMAA (3rd Applicant born 26th June 2001), AAYA SIAM (a minor born 29th March 2004) and WALEED SIAM (a minor born 10th January 2007). The children are holders of Zimbabwean Passports and Birth Certificates.Sometime in 2021... More
