This is an application for bail pending appeal made in terms of section 123(1)(b)(ii) of the Criminal Procedure and Evidence Act [Chapter 9:07] The Principles underlying an application of this nature are trite viz; the likelihood of abscondment, the prospects of success on the actual appeal and the delay before the appeal is heard. These are weighed against the interests of the administration of justice and the individual’s right to freedom. In the matter of S vs Kilpin 1978 RLR 282 (A) it was held that the principles governing the granting of bail after conviction were different from those governing... More
The applicant holds a Master’s Degree in Finance. He was last employed as the Group Financial Officer of a mining company. He was also a board member of the company. At the time of the hearing of this application, he was no longer so employed. In fact, he was out of employment. He lost his employment with the mining company in circumstances that led in part to this application More
On the 9thJanuary 2020 Respondent’s Chief Executive Officer reversed their Disciplinary Committee’s determination. In place therefore he ruled that Appellant be demoted from the position of Quality Assurance Officer to the position of Handling Supervisor. Appellant then appealed to this court against the decision of the CEO. Respondent cross appealed the CEO’s decision. In due course the matter was set down for hearing.
At the onset of oral argument Appellant raised a point in limine . He argued that there was no proper Response to his appeal. Rule 19 (2) of this Court’s Rules
incorporated as S.I. 150/17 requires that... More
This is an application for condonation of the late noting of a review application by the applicant employee. The respondent employer is opposed to the grant of condonation relief citing the fact that, the applicant has not satisfied the condonation tests. More
This is an application for condonation for late filing an application for review. It is opposed. PRELIMINARY ISSUES
At the commencement of the hearing , preliminary issues were raised on behalf of the 1st respondent . These are that the draft application for review does not comply with rules of this Court ,Statutory Instrument 150/2017( the Rules); that the relief sought is incompetent and further that the review application is premature More
This is a judgment on preliminary issues which were raised on behalf of the 1st respondent where the main matter was an application for review. The following were the preliminary issues. That the application was defective in that it did not comply with the provisions of R20 of the Rules of this Court and Form LC5; that the grounds for review were not concise and precise; issue estoppel/res judicata in that the applicant was raising an appealable matter in an application for review where such matter had been competently dealt with in terms of a code of conduct. The respondent... More
In this contested application, applicant vies for the confirmation of a provisional order whilst the respondents pray for its discharge. Apparently, applicant sought an interim order by way of an urgent chamber application for the suspension of the respondents’ mining activities and operations on Plot G, Greydine Farm, Tiger Reef, Kwekwe. Applicant is the holder of occupation and agricultural rights on the property on one hand. More
This is an application for condonation for late noting of an appeal and an application for rescission. In his draft order the applicant has prayed for condonation only. I will therefore deal with an application for condonation. More
The plaintiff is the owner of Adelina farm in the Featherstone area where he is in the business of raring Brahman cattle since 1999. His claim against the defendant is for the payment of US$9 086 being the balance of the purchase price of 26 steers sold and delivered to the defendant. That claim was eventually reduced to US$8 738 on account of the non delivery of one beast that bolted and escaped during the loading process. More
1. This is an application for bail pending appeal against both conviction and sentence.
2. It was triggered by the judgement of this court convicting them, together with one Terrence Mukupe, of the alternative charge of contravening s 174(1)(e) of the Customs and Excise Act [Chapter 23:02] (“the Customs and Excise Act”) and the sentence imposed on each of them. More
Having received information that the appellant was moving around in possession of a firearm the police went to the appellant’s house to conduct a search. They recovered a 12 bore shot gun and 4 rounds of ammunition from his bedroom. It is common cause that the firearm in question had been fired once. More
This is an application for registration of an arbitral award made by arbitrator N.M. Tichiwangana on 6 February 2012 which award remains extant. The application is opposed by the respondent and the thrust of such opposition is contained in para 4 of the opposing affidavit of Peter Matemba which reads; More
Appellant appealed against his dismissal from employment by Respondent. The crux of his case is set out in his Heads of Argument as follows,
“12. The Respondent failed to establish all these essential elements of theft during the hearing much made (sic) and arbitrary decision to dismiss the Appellant. The Labour Act states that an employee can only be dismissed if it is proved in terms of the law that he was engaged in an act of misconduct stipulated in the Employment Code of Conduct (Section 12B of the Act). More
This is an application for condonation for late filing of an application for recession of default judgment and an application for rescission of default judgment. More
Appellant appealed to this Court against his dismissal from employment by Respondent. The facts of the case are aptly set out in Respondent’s Heads Of Argument as follows,
“On 01 May 2011 however LameckPhiri gave the keys to the safe containing money he had collected on 30 April 2011, to the Appellant who did banking for that day. The Appellant collected a total of
US$98 439 and R193 800. He put the money and banking documents in the same safe that contained Phiri’s money. No hand over take over was ever done between the two notwithstanding that huge sums of... More
