The applicant and the third respondent had competing claims over the same mining block, called New Year 89.Both of them had valid registration certificates over it. These had been duly issued by the first respondent, the mining commissioner. The first respondent hadresolved the dispute in favour of the third respondent. The applicant had appealed to the second respondent, the Minister of Mines and Mineral Development. The appeal had been dismissed. The applicant then applied to this court for review. But his application wasout of time. So he applied for condonation. More
The applicant and 1st respondent have had a long standing mining dispute concerning mining claims, Midway 21 and Clifton 15. The dispute was referred to the Provincial Mining Director of Masvingo who gave a determination in favour of the applicant.
The area in which the mining claim is situated falls under Mberengwa. Following the Masvingo Provincial Mining Director’s determination, the 1st respondent took the matter to the Gweru Provincial Mining Director who also gave a determination in favour of the applicant. Dissatisfied with the determination, the 1st respondent appealed to the Minister of Mines and Mining Development and was successful.... More
This is an application in terms of Order 49 rule 449 of the High Court rules, 1971 to correct a judgment of this court handed down on the 1st June 2017. The basis of the application is that the judgment of this court under cover of No. HB131/17 was made on the basis of a mistake that was common to all the parties; that the correction sought herein will not change the substance of the judgment but only the citation of the third respondent so that it properly reads Minister of Mines and Mining Development N.O. and that no party... More
This is an urgent application. This application was filed in this court on the 19th January 2022. It was then placed before me and I directed that it be served on the respondents together with a notice of set down for the 27 January 2022. More
This is an appeal against the arbitral award by Honourable J Mateko that was handed down on 4 September 2015. The appellants were employed by the respondent for a period of (9) nine years as security guards. They were then retired after reaching the age of 65 years. They then approached the arbitrator with the claim that they had been unfairly dismissed. The arbitrator dismissed their claim stating that termination was done fairly on retirement. More
1. On 22 September 2016 the Regional Court sitting at Mutare convicted the appellant, a 35 year old Congolese refugee, of raping an 8 month old baby girl at Tongogara Refugee Camp in Chipinge. More
This is an urgent chamber application to interdict the respondents from carrying out executive functions of the first applicant including preparations for the August 2022Kadoma agricultural show.
The first applicant is a legal persona with capacity to sue and be sued.
The second to the ninth applicants purport to be the lawful appointed authority to administer the affairs of the first applicant.
The respondents are individuals with capacity to be sued. They too claim to be the lawful committee to run the first applicant’s affairs. At the heart of this dispute, is the control of the first applicant. More
This is an application for rescission of judgment. In considering applications of this nature, the court is to consider generally whether or not there has been a reasonable explanation for the default and also whether the applicant has good prospects of success on the merits. More
Applicant made an application to this honourable court in terms of article 34 (2) (b) (ii) of the Model Law on International Commercial Arbitration – 1985 as amended and as incorporated in terms of the Arbitration Act [Chapter 7:15].
The application was opposed by the 4threspondent. The 1stto 3rdrespondents, perhaps because of the very nature of their offices decided not to file any papers and abide by any decision of the court. More
This is an appeal against an arbitral award wherein the arbitrator found that the respondent had committed minor acts of misconduct and thereafter set aside the penalty of dismissal and ordered the appellant to reinstate the respondent. This aggrieved the appellant. More
This appeal is mainly centred on the interpretation of the phase “effective date” as used by the Arbitrator. Appellant had raised four (4) grounds of appeal but has since abandoned some grounds leaving these two, that: More
Applicant filed a combined application for condonation and rescission of judgment. Respondents opposed the application. The basis of the application is set out in the Founding Affidavit made by Mr. Bruce Dorward. More
This is an appeal and cross appeal of the determination which was issued by the Designated Agent in a labour dispute between the appellant employer and the respondent employees. More
This is an application for review. The applicants are teachers at various schools in Harare. At the beginning of 2016, in January, applicants received letters requiring them to transfer to respective schools within Harare Province. The letters informed the applicants that these transfers were with immediate effect.
Applicants aver that there was no legitimate reason given for the orders to transfer except to state that there was overstaffing at the schools concerned. It was further alleged that these transfers were not planned as provided in section 13 (3) of the Public Service Regulations, Statutory Instrument 1 of 2000. Applicants alleged... More
