The plaintiff and defendant were married to each other at Harare on 12 February 1988 in terms of the Marriages Act, [Cap 5:11]. Their marriage was blessed with two children of whom only one is still a minor. The minor child was born on the 11 March 1995. More
Irked by the conviction and sentence imposed by the court a quo the appellant approached this court on appeal. The appellant was convicted of indecent assault as defined in s 67 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 18 months imprisonment of which 6 months imprisonment was suspended for 5 years on conditions the appellant does not within that period commit any offence involving sexual abuse for which he is sentenced to imprisonment without the option of a fine. It is contented by the state that sometime in August 2018 at... More
The Appellant is appealing against the decision of Respondent to dismiss him from employment. The grounds of appeal are that;
(i) Appellant was on acknowledged indefinite sick leave from 29 September 2008.
(ii) The disciplinary hearing was conducted on the 12th of December 2008 in his absence.
(iii) Appellant was never notified of the charges or hearing.
(iv) The dispute was a result and continuation of the unfair labour practices perpetrated against Appellant by Respondent since 2006.
(v) Appellant wishes to have his case LC/H/823/12 and LC/REV/59A/11 consolidated. More
Applicant applied for review of his transfer by Respondent from Karoi to Rushinga. The transfer was the result of disciplinary proceedings. Applicant had been charged with misconduct. More
The applicant, Tendai Biti (“Biti”) is leader of the People’s Democratic Part and Vice – President of the Movement for Democratic Change- Alliance. He filed this application under s 27 of the High Court Act as read with r 62 of the High Court Rules, 2021. He is reviewing the decision of the magistrate who, on 31 August 2018 and sitting at Harare: More
This is an urgent chamber application for Mandament Van Spoliie and an interdict wherein the applicant seeks the following relief:
“1. 2nd to 4th respondents be and are hereby ordered to immediately restore possession of the red changfa compressor to applicant.
2. In the event of failure to comply with (1) above, the Sheriff of High Court be and is hereby ordered to take possession of the property mentioned in (1) above and restore applicant to such possession. The costs of such execution to be borne by the 2nd – 3rd respondents.
3. 2nd – 4th respondents together with their... More
The applicant applies for bail pending appeal. He was convicted on 8 counts of unlawful entry in aggravating circumstances as defined in s 131 (1) as read with s 131 (2) of the Criminal Law Codification & Reform Act, [Chapter 9:23]. The applicant was alleged to have acted with his 3 accomplices and broken into several residences where they stole property between the period 6 October, 2013 to 6 March, 2014. The applicant was sentenced to various terms of imprisonment by count with some counts made to run concurrently and in some counts with portions of imprisonment terms being suspended... More
In March 2009 parties in this matter appeared before the Labour Court in an application for quantification of damages due to the applicant for unlawful dismissal.
The court issued an order whose relevant portion reads:
1. The respondent asked for the matter to be withdrawn from the roll as they are negotiating a possible settlement.
2. Should either party wish to resuscitate this application they can do so by writing to the Registrar. More
This matter was set down for hearing on 14 November 2013. At the commencement of the hearing Applicant’s legal practitioner made an application for postponement of the matter. The basis for her application was that she was not the one dealing with the matter and had been instructed to seek a postponement. One Chiwashira from the same law firm was dealing with the matter and was ill. She tendered a medical certificate from Doctor L.T. Matanhike which indicated that Fungai Chiwashira had been granted off duty from 13 November 2013 to 14 November 2013. More
That the authority of the State vests in the government of the day is, in my view, trite. That such authority is exercised through tiers of government should be common knowledge. Historically, tiers of government consisted, mainly, of the national government and local authorities. (See s 5 of the constitution). However, Zimbabwe, like other modern constitutional democracies, has embraced the new concept of tiers of government in terms of which the constitution requires the government to delegate certain of its traditional functions to commissions, agencies of government and entities wholly owned or controlled by the State (including companies), which, despite... More
On 13 July 2020, the applicant filed an urgent chamber application seeking a provisional order couched as follows:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. That the letter of 9 July 2020 drafted by the 2nd respondent purportedly for and on behalf of the 6th respondent addressed to the applicant be and is hereby declared null and void.
2. Any respondent who opposes this application be ordered to pay costs, the one paying the others to be absolved.
“INTERIM RELIEF GRANTED... More
The applicant was employed as the Chief Executive Officer (CEO) of the sixth respondent. The sixth respondent is Net One Cellular (Pvt) Ltd a licensed provider of mobile and related telecommunications services in Zimbabwe. The first to fifth respondent are its directors. More
The Appellant was employed by the Respondent as a Senior School Teacher. On the 2nd of March, 2009 he was suspended on allegations of having an act of misconduct viz paragraph 4 “Improper threatening and discourteous behavior including sexual harassment during course of duty.” The allegations were that he had requested a Sandra Maranike, a Form 6 student at the school to carry commerce exercise books and accompany him to his house. When they got to the house he allegedly detained Sandra by locking the dining room door and pocketing the keys. He had then dragged Sandra into his bedroom,... More
This is an appeal against the decision of the designated agent who found that appellant was guilty of habitual neglect of his duties and penalised him with dismissal.
Facts of the matter are that appellant was accused of habitual neglect of duty where it was said that he was in the habit of taking sick time off and upon expiration of the sick leave he would not come back to work thus prejudicing the operations of the respondent where the appellant’s duties involved team work with a colleague who would end up working alone in appellant’s absence to the detriment... More
Appellant worked for Respondent as an Administration Assistant based in Harare. On 25th October 2005 he was charged with misconduct. A hearing was held. He was found guilty and penalised with dismissal. He appealed against the outcome. Respondent’s Appeals Committee dismissed the appeal. He then appealed to this Court against the decision of the Appeals Committee. More
