In this matter the applicant sought on an urgent basis an order for stay of execution of a judgment granted in favour of the respondent by this honourable court under case number HC 510/10. I dismissed the application with costs on the legal practitioner and client scale and indicated then that my reasons for doing so would follow. These are they. More
Kings’ Daughter Mining Company UK Limited [“KD”] is a company registered in the United Kingdom. It is the applicant in these proceedings. It is the sole shareholder of the first respondent[“Redwing”]. Redwing is a mining company registered in Zimbabwe. It is under corporate rescue in terms of the Insolvency Act [Chapter 6:07]. It was placed under corporate rescue by an order of this court in HC 99-19. Such placement was at the instance of the first respondent’s workforce, represented by their trade union, the second respondentherein [“the Trade Union”]. The fifth respondent [“Madondo”] was appointed the corporate rescue practitioner. The... More
This is an application for condonation to file a review application which is being sought to be filed outside the 21 days prescribed by law. The application is opposed. A preliminary point was raised by the respondent. In their challenge of the application, the respondents stated that the application for condonation should be struck off for not being properly before the Court on the basis that the applicant seeks condonation to file a review against a default judgement. More
On 12 September 2013 at Harare, arbitrator M C Kare issued an arbitration award. He ordered the dismissal from employment of appellant by respondent. Appellant then appealed to this court against the award. Respondent opposed the appeal. The appeal raised three (3) issues which I will deal with seriatim. More
On 26 October, 2017, I granted the following interim relief on the Provisional Order sought by the applicant on an urgent basis:
“Terms of the Interim Order granted
1. That pending the finalisation of the Distribution of Estate Late Henry Machingambi DR 2447/15, 1st, 2nd and 3rd respondents are interdicted from performing the following at Townlands Farm Masvingo;
a) Removing cattle from Townlands Farm, Masvingo.
b) Granting permit allowing removal of cattle from Townlands Farm Masvingo.
c) Clearing cattle for movement from Townlands Farm Masvingo.
d) To refrain from operating the abattoir.
e) Andif any cattle had been moved to... More
This is an application for an interdict, suspending the Mayor and Deputy Mayor for Chitungwiza (2nd and 3rd respondents) from conducting mayoral duties and from receiving benefits in those respective capacities. The applicant is the losing candidate in the Mayoral elections for the Municipality of Chitungwiza which were held on the 4th September 2018. He is an elected councillor in that same district representing the Zanu-PF political party. The 2nd and 3rd respondents who are members of the Movement for Democratic Change Alliance won the posts of Mayor and Deputy Mayor in the District of Chitungwiza. The applicant has filed... More
This is an application for the setting aside on review of the termination of the applicant’s contract of employment with the second respondent and the disciplinary proceedings which resulted in the termination of employment. Applicant also seeks reinstatement to the position of Country Representative without loss of salary and benefits from 1 May 2019, and costs of suit on the attorney-client scale. Applicant alleges gross irregularities in the proceedings, bias and gross irrationality as the grounds of review. The application is opposed by the respondents. At the hearing of the matter I heard submissions in respect of both the objections... More
MAVANGIRA JA:
1. This is an appeal against the conviction and sentence of the appellant by the High Court on a charge of murder.
2. The appellant was charged with murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Chapter9:23]. The allegation was that on 23 October 2011 at house number 221 Ephraim Blank Street, Chivhu, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and setting her on fire causing severe burns all over her body, from which injuries she died on 26 October 2011. More
At the conclusion of the hearing, the Court dismissed the appeal stating that the reasons would follow. These are they.
It is worth noting that Respondent was not in attendance as the Deputy Sheriff was unable to locate Respondent at the given address. The Respondent had not provided another address of service. The Court decided to proceed with the matter. More
In this application the applicant comes to court seeking an order to compel the respondent to effect transfer of the stands as ordered in case No HC 3630/05. The applicant further seeks an order that upon failure by the respondent to comply with the order that compels the respondent to effect transfer should the court grant it, the Sheriff be ordered to take such steps and execute such documents as are necessary to ensure that the stands are transferred by registration into the applicants’ name. The applicant averred that he complied with the order of KAMOCHA J and paid the... More
The appellant company appealed to this court against an arbitral award where the arbitrator ordered it to pay the respondent employee “$702 for the unfair labour practices committed.” (quoted words are verbatim words used in the award.) More
This is an appeal from the decision of the Chief Designated Agent of the National Employment Council for Commercial Workers (NECCS). The facts of the matter are that the respondent was employed by the appellant as a security guard. At the material time he was responsible for checking that other guards reported for duty or were correctly recorded according to the work stations that they would be guarding. The said security guards are identified by means of numbers. More
The applicant is an association composed of a group of residents of Knowe
Housing Development based in the town of Norton. It comprises of individual members who
bought stands from the first respondent. More
On 14 December 2012 the Labour Court delivered a judgment in respect to this matter. Condonation for the late noting of appeal and extension of time was granted by this Court on 20 September 2017. The appellant noted an appeal against the decision of the court a quo dismissing his appeal and seeks an order for his reinstatement into the employ of the respondent. More
This is an appeal against the determination of the Disciplinary Authority appointed by the respondent in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006 (the National Code). The Disciplinary Authority found the appellant guilty of misconduct and imposed a penalty of dismissal. More
