This is an application in which an order is sought for the respondent to furnish the further and better particulars requested by the applicants on 25 November 2011. The second applicant is the deponent to the founding affidavit wherein he avers that he is authorised by the first applicant to make the affidavit and bring the application. He also avers that he also brings the application on behalf of himself as well as the third and fourth applicants. More
This is an application asking this court
“to issue an order to force the 1st Respondent to issue out an arbitral award that meets the requirements of Labour Act [Cap 28:01] section 98 subsection 14”
The Applicant avers that the arbitral award granted by Honourable J.T. Mawire on September 2010 does not comply with section 98 (13) and (14) of the Labour Act, in that it does not sound in money. He now wants this court to issue an order compelling the Arbitrator to issue an order that sounds in money. More
The appellant is the 1st respondent’s neighbour. They were, according to the second respondent,(Chipinge Town Council), allocated portions of the subdivided stand 754. The appellant was allocated stand 754B while the 1st respondent was allocated stand 754A. More
This application was initially heard in 2018 and a judgment was handed down on 12th September 2019. The applicant appealed against that judgment, HB 138-19. The appeal was allowed and the matter was remitted for a hearing de novo before a different Judge. More
Applicant seeks by way of a declaratur the following relief:
“1. The dismissal of applicant from the Zimbabwe Republic Police on the 9th of December 2013 be and is hereby declared unlawful.”
The facts
The applicant was a constable in the Zimbabwe Republic Police (ZRP). Following allegations of contravening section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Rape), a criminal docket was opened against him. The matter was subsequently referred to the Regional Court for prosecution. Meanwhile the ZRP proceeded to charge the applicant in terms of the Police Disciplinary Code for contravening paragraph 35 of... More
The appellant was employed as a general hand by the respondent and was stationed at Marondera Provincial Hospital. The respondent charged him with an act of misconduct. It was alleged in a letter dated 18 July 2022 that he was being charged with an act of misconduct in terms of the Labour National code of Conduct Regulations Statutory Instrument 15/2006, Section 4 paragraph (d) which reads “theft or fraud” More
DUBE-BANDA J: This is a bail application pending trial. Applicants are jointly charged with two counts of robbery as defined in section 126 (1) (a) of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It being alleged that, on the 26th day of April 2021, and at around 1800 hours, the complainant Thokozile Zororo (complainant) was inside the shop Mutetso Investment in the company of Mostaff Murombo and Muchaita Marodza preparing to knock off when the applicants in the company of their two accomplices who are still at large arrived and entered into the shop holding pistols. More
This is an appeal against a decision of Respondent Disciplinary Authority handed down on 28th April 2015.FACTUAL BACKGROUND
The Appellant was employed as Head of Chikukwa Primary School in Mutoko. On the 30th of May 2014 the 1st Respondent levelled a charge of misconduct in terms of section 44(2) as read with paragraph (2) (8) and 24 of the First Schedule (Section 2) of the Public Service Regulations, 2000 (thereafter referred to as the regulations). More
This is an appeal from the magistrate’s court. The lower court dismissed an application for rescission of judgment brought by the appellant. The appellant had filed that application in terms of s 34(2) of the Magistrate’s Court Act, (Chapter 7:10) (“the Act”). This is the provision that entitles any person affected by an order of the magistrate’s court authorising the messenger of court to seize and attach so much of the movable property of, or under the control of, a tenant and found on the rented premises and as may be sufficient to satisfy the amount of rent due and... More
The four applicants together with one Vusumuzi Reynold Dube who was granted bail by CHINAMORA J in case No. B 186/21 on 15 February, 2021 appeared before the magistrate at Bindura on 12 January, 2021 on allegations of having committed the offence of robbery in aggravating circumstances as defined in s 126 of the Criminal law (Codification and Reform ) Act, [Chapter 9:23]. It was alleged that on 20 December, 2020 the five accused connived to rob the complainant Daniel Chigwada of cash at his residence at Chigonda village, Chiweshe. The fourth applicant herein was the alleged mastermind who advised... More
The marauding highway robber has been dubbed the modern-day pirate. As with his yesteryear buccaneer counterpart, hismodus is to target travellers, particularly those he believes to be in possession of valuable items or cash and use brute force to wrest those items from them. In the case of the highway robber he specifically targets travellers whether on board a bus or those driving their own private motor vehicles. He then forcibly stops them or ambushes those that may have stopped for one or other reason before viciously attacking and robbing them, (not infrequently at gun point) of their belongings.From a... More
This is an application for an interdict in the form of an order for a stay of execution of the order of this court granted in case No. 1824/18.
The background to the application is that on 9 May, 2018 PHIRI J granted a default judgment on the unopposed motion roll in favour of the first respondent against the first and second applicants as more fully set out in the terms of the order as captured in Case No. HC 1824/18. I do not propose to set out the terms verbatim as they are clear on reference to the order... More
This is an appeal against the decision of the Arbitrator where he ordered the reinstatement of the Respondent by the Appellant company following allegations of a breach of the Respondent’s Code of Conduct. Facts of the case are that Respondent who was in Appellant’s employ as a Finance Manager was sent on paid leave on 5th October 2012 and suspended on 19th November 201 on allegations that he had breached the Respondent’s Code of Conduct. More
On 12 September, 2007 the Respondent was suspended on allegations of contravening Section 4(a)of Statutory Instrument 15 of 2006 for“an act of conduct or omission inconsistent with the fulfillment of the express or implied conditions”of employment. The disciplinary hearing was set for 18 September, 2007. On 18 September, 2007, The Respondent tendered his resignation. He said he had decided to go on early retirement and therefore would want to resign with immediate effect. The last sentence in the letter then said “Please feel free to discuss the Exit Package with me.” The letter was received by the Appellant’s officials on... More
This matter was set down as an application for condonation of late filing of heads of argument and upliftment of bar. It is a case which makes very sad listening.In its pre-hearing discussion with the parties, the court explained to the lawyers then present that, the manner in which the employer had prosecuted its case all through left a lot to be desired especially when it came to the observance of time lines as set down by the rules of court.
The court therefore did not mince its words and told counsel for the applicant that the approach to the... More
