This is an application for bail pending trial. Applicant is facing murder and robbery charges as defined in sections 47 and 126 of the Criminal Law (Codification and Reform) Act [Cap: 9.2.3.]. Applicant was implicated by one of his co-accused as being part of the group which assaulted complainants with iron bars, machetes, catapults and empty beer bottles. One MurisaChindundu died as a result of the assault. Applicant and his co-accused stole a nokia phone from the deceased. They also stole cellphones, cash amounting to $33 and 100 kg of gold ore amongst other items from deceased’s colleagues. The applicant... More
The allegations against respondent were that on 6 September 2013 whilst respondent and her co-custodian, one Precious Chataika were preparing deposits from CCD, they had discovered an excess withdrawal of USD10 000 from the vault. This amount subsequently disappeared causing loss to the bank. Respondent was alleged to have failed to comply with standing instructions in that,
- She withdrew cash from the vault in an unlocked and unsealed container.
- She did not pack, lock and seal the cash withdrawn from cash vault whilst in a secure and safe place that is in the cash vault.
- She did... More
This is an appeal against the whole judgment of the Administrative Court (‘the court a quo’) dated 25 September 2020 in which the court granted an application sought by the first to fifth respondents (‘the respondents’) for condonation of late noting of appeal and extension of time to note an appeal against a decision to issue a permit to the appellants. More
The brief history of this matter is that the Appellant was employed by the Respondent was voluntarily retrenched. She signed for the package in 2010. On the 8th of November 2012 she then raised a complaint with the Provincial Labour Officer stating that the Respondent owed her some money as there were several discrepancies’ in the retrenchment payments. The matter was referred for arbitration to Honourable C.H. Mucheche who handed down the following award on the 21st of February 2013. More
This is an appeal against the decision of the Health Service Commission where it upheld the appellant employee’s guilty verdict and dismissal penalty meted out by the disciplinary authority. More
GOWORA JA:The parties herein are engaged in various wrangles in the Magistrates Court and the High Court. The wrangles have seen the parties file complaints of alleged criminal activities against each other. More
This is an appeal against an arbitration award. The terms of reference to the Arbitrator were whether:-
- the Appellant’s dismissal was unlawful
and
- the employer calculated the leave days wrongly
After considering Section 12 B(3)(b) of the Labour Act (CAP 28:01) and the parties contract of employment, the Arbitrator made the conclusion that Appellant’s claim was without merit. The findings were that:-
(i) the Appellant’s contract of employment clearly spelt out that at the end of the contract no expectation of re-engagement was to be made.
(ii) the Appellant did not state exactly who was engaged in his... More
The plaintiff issued summons against the defendant claiming damages in the sum of $900 679 549.87 arising from a horse riding accident on the 5th of November 2000.
The plaintiff sustained serious injuries of the head and torso. She is now confined to a wheel chair. More
This is an appeal against the decision of the Magistrates Court dated 3
October 2016. The appellant was charged with contravening section 3 (1) of the Gold Trade Act
[Chapter 21:03] for unlawful possession of 100.68 grams of gold valued at US $3 724.00
without a licence or permit. The appellant pleaded guilty and was subsequently convicted and
sentenced to 5 years imprisonment. The 100.68g of gold was forfeited to the State. More
This is an urgent chamber application. The applicant seeks a provisional order for a stay of the criminal trial against him in the magistrate’s court pending the determination of his application for review which is pending in this court. More
Initially applicant instituted these proceedings against two respondents namely CABS as first respondent and the Operations Manager CABS as second respondent. It then withdrew proceedings against second respondent and tendered wasted costs. This judgment therefore is in respect of the applicant and the respondent CABS. More
The 21 year old appellant appeared before a Magistrates’ Court, at Kwekwe on the 13th February 2017 facing two counts of assault and threats of violence in contravention of section 89 (1) and section 186 (1) of the Criminal Law Codification and Reform Act (Chapter 9:23), respectively. He was convicted and sentenced to 12 months imprisonment of which 2 months was suspended for 4 years on condition of future good conduct. Aggrieved by the sentence, the appellant has noted an appeal to this court. The state concedes that the sentence imposed against the appellant in the court a quo is... More
This judgment is to decide on a point in limine raised by the respondents in an appeal which was filed by the appellant against the respondent employees. The point in limine raised is that, the arbitral award granted in favour of the respondent employees is not suspended by the noting of the appeal which was done by the appellant. More
[1] The applicant stands barred in a matter wherein he seeks declaratory relief. The cause of his bar is failure to file heads of argument in terms of rule 42 (9) of the High Court Rules SI 202/20. The application is opposed by respondent who also raised in limine, the protest that applicant filed and withdrew a similar application. More
Sometime in 2015, the first respondent decided to outsource the management of some of its premium hotels and selected the appellant to manage its hotels. On or about 18 September 2015, the parties entered into a management agreement (“the agreement”) to regulate their business relationship in terms of which appellant was to render management services to the first respondent’s hotels. The agreement was amended and re-signed on 10 October 2015. Thereafter the agreed services were delivered by the appellant. More
