The 21 year old appellant appeared before a Magistrates’ Court, at Kwekwe on the 13th February 2017 facing two counts of assault and threats of violence in contravention of section 89 (1) and section 186 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23), respectively. He was convicted and sentenced to 12 months imprisonment of which 2 months was suspended for 4 years on condition of future good conduct. Aggrieved by the sentence, the appellant has noted an appeal to this court. The state concedes that the sentence imposed against the appellant in the court a quo is... More
This judgment is to decide on a point in limine raised by the respondents in an appeal which was filed by the appellant against the respondent employees. The point in limine raised is that, the arbitral award granted in favour of the respondent employees is not suspended by the noting of the appeal which was done by the appellant. More
[1] The applicant stands barred in a matter wherein he seeks declaratory relief. The cause of his bar is failure to file heads of argument in terms of rule 42 (9) of the High Court Rules SI 202/20. The application is opposed by respondent who also raised in limine, the protest that applicant filed and withdrew a similar application. More
Sometime in 2015, the first respondent decided to outsource the management of some of its premium hotels and selected the appellant to manage its hotels. On or about 18 September 2015, the parties entered into a management agreement (“the agreement”) to regulate their business relationship in terms of which appellant was to render management services to the first respondent’s hotels. The agreement was amended and re-signed on 10 October 2015. Thereafter the agreed services were delivered by the appellant. More
This is an appeal against the decision of the arbitrator. The facts in this matter are largely common cause. Respondent was employed by the appellant as Principal of its school. Appellant proceeded to unilaterally reduce respondent’s salary by about 50%. Respondent took this matter up with appellant and stated in a letter addressed to appellant that if the matter was not amicably resolved as proposed in the letter she would proceed to resign from employment. The matter remained unresolved and respondent left appellant’s employment and took the matter up for conciliation. The matter was referred to arbitration and the arbitrator... More
Applicant employed Respondent at its Legacy International School as an Administrator. For reasons not disclosed to this Court, Respondent tendered her resignation on 1 February 2013. Respondent indicated in that letter that she would take her three (3) months’ leave during the resignation period. On 13 February 2013 Applicant and Respondent made an Agreement on the termination of Respondent’s services. More
The appeal was noted against an arbitral award handed down by the Honourable C. Mucheche dated 23rd November, 2009
The background factsto the matter are as follows;
The Respondent was employed by the Appellant as its Legal Publishing Unit Manager. On the 29th of October, 2008 he was suspended by Appellant on a variety of allegations. He appeared before a Disciplinary Committee on the 17th and 18th of that 2008 facing the following charges;
(i) Any act of conduct or omission inconsistent with the fulfillment of the express or implied conditions of his contract;
(ii) Willful disobedience to a lawful... More
This is an application by a designated agent, for the confirmation of his draft ruling. It is in terms of section 93 (5a)(a) and (b) of the Labour Act, Chapter 28:01 (the Act). The first respondent (the employer) raised two points in limine to the application. The first point is that the designated agent is not a labour officer and therefore may not apply for confirmation of his draft order in terms of section 93 of the Act. The second point is that the second respondent did not exhaust the local forum in terms of the workplace code of conduct. More
This is an application for contribution towards costs wherein the applicant seeks an order compelling the respondent to contribute
US$120 000-00 towards the applicant’s costs of suit in the divorce matter she instituted under case No. HC 10256/14. More
This is an application for what the applicants describe, in their Notice of Application, as:
“5. QUANTIFICATION OF APPLICANTS’ CLAIM
5.1 Payments of Terminal Benefits due and allowances and benefits to which they are duly entitled.
5.2 Payment of a termination settlement equating to thirty-six months’ salary as compensation for loss of future earnings.
5.3 Payment of punitive damages for emotional and psychological trauma and hardship suffered. More
The plaintiff issued summons on 27August 2021 against the defendant claiming USD$ 25 000being a refund of the money paid to defendant for the purchase of a residential stand as well as USD$25 000 fruitful being damages for breach of contract and cost of suit. Pleadings having been filed and closed, the plaintiff applied for a Pre-Trial date. Parties held their Pre-Trial round table meeting on 7 February 2022 and thereafter drafted and signed their Joint Pre-Trial Conference minutes incorporating facts admitted by the defendant as well as issues to be referred to trial. More
This is an appeal against a determination made by the respondent‘s Disciplinary Authority which resulted in his dismissal from employment. The determination was handed down on an unspecified date in 2021. The appeal is opposed. More
DUBE-BANDA J: After hearing argument in this matter I issued the following order: “That the application is dismissed.”At the time I gave brief reasons and indicated that I would provide detailed reasons at a later stage. What follows are the detailed reasons for the order More
In 2006, respondent registered a company called Secam Productions (Pvr) Ltd which specialized in video sales. The directors were the respondent, holding 70% of the shares, Nobuhle Mpofu with 20% shares and Sikhanyiso Dube with 10% shares. Respondent and 1st and 2nd applicants are former employees of a company called Zambezi Helicopter Company, a company providing helicopter rides in Victoria Falls. Respondent and 1st applicant entered into an agreement for mutual termination of employment with their employer, in which they were given an opportunity to run their own video business and were immediately to resign as employees of Zambezi Helicopter... More
