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
This is an application for leave to appeal to the Supreme Court against the judgement handed down by this Court reference LC/H/199/22 dated 11th July 2022. The application is made pursuant to the provisions in Section 92 F (2) of the Labour Act [Cap 28:01] as read with Rule 43 of the Labour Court Rules, Statutory Instrument 150 of 2017. The application is opposed. More
The facts are that, on the 29th of June 2022, at Victory farm Mhangura, it is alleged that the accused in the company of three or so others, vandalized a 200KVA transformer after tying and incapacitating the security guard on the premises. They made away with the copper windings from the vandalized transformer after tying and incapacitating the security guard. The security guard later freed himself after they had left and informed his employer who in turn made a police report. The accused was arrested at a police roadblock on the 2nd of July 2022 in a vehicle with three... More
On 21 October 2019, the applicant was convicted (after a full trial) by a Regional Magistrate at Marondera for contravening section 65 of the Criminal Law Codification and Reform Act (Chapter 9:23) (“rape”). He was sentenced to 18years imprisonment, 2 years of which were suspended for 5 years on condition that he does not during that period commit an offence of a sexual nature for which he is sentenced to a term of imprisonment without the option of a fine.The applicant did not appeal against conviction and sentence within the time allowed by the law.He has now filed a chamber... More
In this application the applicants seek the following relief:
“TERMS OF THE FINAL ORDER SOUGHT
That the Respondents show cause, if any, why a final order should not be granted in the following terms:
1. The arrest and detention of Applicants be and is hereby declared wrongful and unlawful.
2. Should the Respondents wish to prosecute the applicants the Respondents shall not arrest and detain the applicants in respect of the allegations raised in this matter and are hereby directed to proceed against the applicants by way of summons.
3. The Respondents shall pay the Applicants costs on a legal... More
The applicants were convicted of one count of robbery as defined in s126(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. They were sentenced to an effective 43 months imprisonment on 14 June 2021. They noted an appeal against conviction and sentence on 21 June 2021. They now apply for bail pending appeal. More
The Appellant in casu filed this appeal together with an application for review. He was employed by the Respondent and dismissed after being found guilty of an act of misconduct. More
