On the 10th of January 2019, firstrespondent obtained a decree of divorce after obtaining applicant’s consent as evidenced by a consent paper filed of record. Custody of a minor child, SorynNashePazvakavambwa (born on the 4th of November, 2012) was granted to the applicant with first respondent exercising reasonable access More
The parties to this suit are duly registered private companies. At the relevant time, the defendant, Engen Petroleum Zimbabwe (Private) Limited, was one of about six or so “Engen” companies registered or domiciled here and/or abroad. The others were Engen Oil Zimbabwe (Private) Limited; Engen Holdings Zimbabwe (Private) Limited; Engen Petroleum South Africa and Engen Off Shore Holdings (Mauritius) Limited. The reason for this detail shall soon emerge. More
The appellant’s main ground of appeal is that the respondent was not entitled to salary arrears in the sum of $2 966-40. This was salaries for nine months. The background to this amount is that the respondent was dismissed on 12 January 2012. After her dismissal the matter was referred for conciliation and subsequently the parties appeared before an arbitrator. The arbitrator having made a finding that the respondent was properly dismissed made an order in the following terms:
(i) That the dismissal of the employee be and is hereby confirmed.
(ii) That the employee be paid salary arrears from... More
UCHENA JA: This is an appeal against the wholejudgment of the Labour Court dated 22 March 2019setting aside an arbitral award which had been granted in favour of the appellant. More
This is an appeal against a decision of the National Employment Council for the Clothing Industry Appeals Board’s decision to uphold the Grievance and Disciplinary Committee’s decision to dismiss the Appellant. More
This is a constitutional application. The applicants want s 4 and s 6(1)(b) of the Communal Land Act [Chapter 20:04] declared ultra vires the Constitution of Zimbabwe. The draft order does not identify which particular sections of the Constitution the impugned provisions allegedly conflict with. But according to the founding affidavit, the impugned provisions are an infringement of the applicants’ right to life; their right to human dignity; their right to property; their right to equal protection and benefit of the law; and their right to culture and language, allegedly as protected by s 48; s 51; s 72; s... More
This is an urgent chamber application in which the following order is sought:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to thus Honourable Court why a final order should not be made in the following terms:
1. The first respondent be and is hereby barred from exercising the functions of Corporate Rescue Practitioner for MCA Venture Capital (Pvt) Ltd (under corporate rescue).
2. The first respondent shall pay the costs of this application on the scale of legal practitioner and client in his personal capacity. More
This is an application for leave for direct access to the Court brought in terms of s 167(5)(a) of the Constitution as read with r 21 of the Rules of the Constitutional Court 2016. The applicants are a group of persons residing on a piece of land over which the second respondent claims ownership. They intend to approach the Court under s 24 of the Constitutional Court Act, 2021 for the rescission of a judgment of the Court issued under CCZ 43/15. More
After hearing argument on the preliminary point whether the applicants required leave of the court to bring their application, the court ruled that leave was necessary. Having been filed without leave, the matter brought by the applicants was struck off the roll with no order as to costs with the court indicating that its reasons would follow in due course. More
1. This is an application for bail pending trial. Applicants with other persons who are not part of this application are being charged with two counts, in count 1 they are charged with the crime of contravening section 82(1) of the Parks and Wildlife Regulations S.I. 326/1990 as read with 123 (1) (B) of the Parks and Wildlife Act [Chapter 20:14] (acquire, possess, sell or transfer raw unmarked ivory without a permit). It being alleged that on the 27 April 2022, at around 1800 hoursaccused 1, 2, 3 and 4 who are not part of this application where spotted along... More
The story of Lizzie Chokela (the plaintiff) is follows:
The first defendant which is a duly incorporated company contracted Nick TsigisaiMaheve a mechanic and operating as Nick Motors to repair and service its motor vehicles as and when the need arose. Nick was a mechanic but not an electrician. When an opportunity to do some electrical related work on one of the first defendant’s motor vehicles arose Nick then subcontracted the plaintiff to go and work on the motor vehicle in question in the Ngezi area.
In order for the plaintiff to get to Ngezi she had to be driven... More
This is an appeal against the whole judgment of the Legal Practitioners Disciplinary Tribunal handed down on 15 April 2021 as judgment number HH 167-21, under case number LPDT 09/18. The Disciplinary Tribunal (the Tribunal) found the appellant guilty of conduct that was unprofessional, dishonourable and unworthy of a legal practitioner and ordered the deletion of his name from the register of Legal Practitioners, Notaries Public and Conveyancers. More
This is an application for reinstatement of a matter which was struck off the roll on 27 May 2015. The precise terms of the order made were
“The appeal be and is hereby struck off the roll it being invalid for failure to comply with section 98 (10) of the Labour Act.”
I reserved my ruling on the matter after deciding that I would proceed to determine the matter on the papers filed of record. Both parties filed heads of argument which clearly outline the submissions intended to be relied on and the authorities to be cited. I declined the... More
On 1 March 2007, the plaintiff issued summons out of this court for an order as follows:
a)an order declaring the agreement annexure A to the particulars of the claim dated 18 December 2006, to have been validly cancelled and incapable of performance.
b) an order for the return to the plaintiff of motor vehicle Mitsubishi Chariot Reg number AAN 8616, or alternatively
c) Payment of the sum of R17 000-00 being the balance of the purchase price due to the plaintiff
d) Costs of suit
The facts which give rise to the dispute are these. The plaintiff and the... More
At the onset of oral argument in this Court applicant raised a point in limine which respondents opposed.
“2. No authority to depose to affidavit on behalf of 2nd Respondent.
2.1 The deponent to Respondents; opposing affidavit has no legal authority to depose to same on behalf of 2nd respondent which in terms of section 3 of the Health Service Act (Chapter 15:16), is a corporate body. It is trite that authority to act for a corporate body is required before a natural person’s deposition is accepted.
3. Michael Sande says he is the Acting Secretary for the 2nd respondent... More
