This is an appeal by the appellant against his dismissal by the respondent. Before the appeal could be argued, the respondent raised three points in limine. These are that:
1. the matter was not properly before Court;
2. the appeal having been noted out of time, there was no application for condonation of such late filing of appeal out of time, and
3. no point of law was raised in the grounds of appeal
The first and most important issue is that the applicant was dismissed in terms of Statutory Instrument 130/2003 (S.I. 130/2003, “the regulations”) which was repealed and... More
In terms of s3 of the Titles Registration and District Lands Act (Chapter 20:20) any person who has acquired a lawful right to ownership of any immovable property by prescription, by contract or any other manner may apply to the High Court to order registration of such title into his/her name. More
The three respondents were employed by the appellant at various times and in various capacities. The first respondent was employed as a security guard in May 2011. The second respondent served as a receptionist/clerk with effect from June 2013 whilst the third respondent was employed as a general worker in January 2013. More
This is an application for review. The applicant seeks to have reviewed, the respondent’s decision to charge him with acts of misconduct.
The applicant was employed by the respondent. He alleges that he was retrenched from employment by the respondent. The respondent now seeks to charge him with acts of misconduct. The respondent challenges the applicant’s decision to charge him with misconduct after it had retrenched him. when the matter came up for hearing, both parties raised preliminary points. More
The appellant who stood as the 2nd accused and his co-accused were arraigned before the magistrate Court sitting at Norton for contravening s 157 (1) (b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]-dealing in dangerous drugs or alternatively contravening s 157 (1) of the same Act-unlawful possession of a dangerous drug. More
This is an urgent chamber application in which the applicant seeks the following interim relief:
“1. The respondents be and are hereby temporarily interdicted from interfering with applicant’s rights of ownership, possession and title in respect of stand number 32 Whitestone Road, Matsheumhlope, Bulawayo, held under Deed of Transfer number 771/11.
2. The 1st respondent, his nominees, his agents and assignees, be and are hereby temporarily interdicted from accessing or interfering with applicant’s occupation and possession of stand number 32 Whitestone Road, Matsheumhlope, Bulawayo, held under Deed of transfer number 771/11.
The application is opposed. The averments made by the... More
Plaintiff in this matter claimed that she co-owned stand number 3861 Emganwini Township, Bulawayo with her former husband, Reuben Mpofu. She said the parties then divorced through an order of the court which ordered that the property be sold and the proceeds be shared equally. Allegedly, she thereafter offered to buy out the former husband to no avail. Plaintiff claimed further that she was shocked to learn from 1st defendant that he had bought the house when she had not given her consent. She says the sale was unlawful hence she refused to vacate the house. She also said that... More
This judgment relates to an application for review and an appeal. These were heard as consolidated. In my judgment, I will start off with the common background facts, and then deal with the application for review and finally the appeal. More
On 30 October 2009 the applicant company filed an urgent chamber application seeking spoliatory relief. The draft order was couched in these terms:
TERMS OF THE FINAL ORDER SOUGHT
That you show cause why an order in the following terms should not be granted;
1. That respondents or any person acting on their behalf shall be and are hereby
barred from in any way interfering with applicant’s possession and control of the portion of Friedwell Farm (that it controlled immediately before 29 October 2009), including in any way interfering with the possession by the applicant’s workers of the farm compound... More
The applicant was employed as an analysis clerk of the respondent.
On or about 24 March 2016, the applicant was suspended from duty on allegations of committing gross negligence in terms of the Code of Conduct for the Transport Operating Industry, Statutory Instrument 67 of 2012.
A disciplinary hearing was held on 14 April 2016. The disciplinary committee found the applicant guilty as charged but was deadlocked regarding the appropriate penalty.
The matter was then referred to the division operations manager. On 28 April the division operations manager confirmed the guilty verdict and pronounced a dismissal penalty with effect from... More
Plaintiff is a duly registered company that owns and operates a lodge in Kwekwe commonly referred to as Golden Acres Lodge. 1st Defendant is a Belgian national who is temporarily resident in Zimbabwe as a visitor and a Director of the 2nd Defendant. Plaintiff instituted an action proceedings against the Defendants for the payment of US$72 133.00 being the amount due and owing for accommodation provided to the Defendants as well as laundry, car hire, typing, and printing services. More
This is an appeal against the decision of an arbitrator sitting at Harare. It is trite that an appeal on a point of law only lies to this court from a decision by an Arbitrator. This is provided for in section 98(10) of the Labour Act [Cap 28; 01] (The Act).
This matter was referred to arbitration for the Arbitrator to make a determination on the following issues.
(a) Whether or not the claimants were legally on forced leave
(b) Whether or not the Respondent committed an unfair labour practice by not paying the claimed statutory obligation including wage shortfalls?... More
The Labour Court on 23 September, 2009 granted a default judgment in favour of the Respondent. On 14 July, 2010 Applicants filed simultaneously an application for condonation of late filing of an application for rescission as well as an application for rescission of judgment. More
This is an application for confirmation of two draft rulings in terms of section 93 (5a) of the Labour Act, (Chapter 28:01). Applicant was represented by Mr. Gundumura.
Mr. Gundumura, in motivating the confirmation of the application, stated that he abided by the documents filed of record and urged the Court to confirm the draft rulings. More
