The applicant sought an order compelling the respondent to deliver a lease agreement signed between the parties in respect of a property known as stand number 32393 Unit K. After hearing arguments from parties and having considered documents filed of record, the court granted the following order after handing down a brief ex tempore ruling: More
The applicant’s legal practitioners filed this chamber application headed “Chamber Application for Dismissal of Application in terms of Rule 236 (4) (b) of the High Court Rules,1971.” More
This is an application for condonation of the late filing of an appeal by the applicant employer against an arbitral award which was made in the respondent employee’s favour.
The background to the matter is that the respondent attended at arbitration on a matter where he claimed non payment of overtime worked. Conciliation efforts had failed to resolve the matter thus leading to the reference to arbitration. It was concluded that indeed respondent had to be paid overtime calculated using the documents which were tendered to the arbitrator on the quantum. More
This is an appeal against the decision of Honourable Arbitrator C Tanyanyiwa that was handed down on 22 October 2015. The award is couched as follows:
“I therefore award that the employee is entitled to the following:
(1) 90 days cash in lieu of annual leave due.
(2) Terminal benefits upon termination of the contract of employment.
(3) The employee is entitled to outstanding wage arrears during the time she was on maternity leave.
(4) The issue pertaining to non-payment of wages during the time she was on maternity leave is normally dismissed because she got paid a salary of... More
The applicant has approached this Court for stay of execution of the arbitral award issued on 25 June 2013. The applicant is deemed to have failed to pay the respondents their outstanding salaries and benefits upon closure of the company on 20 December 2011. More
This matter was set down as a rule 22 matter where the respondent had failed to file its response on the matter. As required by the rule in question the defaulting party can show cause why it defaulted and why it should be allowed to regularise its position so that the matter can then properly proceed as an opposed matter. More
The appeal is against a determination handed down by the National Employment Council (NEC) for the Plastic Manufacturing industry on the 7th of October 2013 which determination confirmed Appellant conviction on a charge of violating health and safety regulations for failure to wear protective clothing provided by the employer and the penalty of dismissal consequently imposed. The appeal is opposed.
The Appellant was employed by the Respondent. On the 1st of May 2013 the Appellant was discovered upon an inspection to be wearing the safety clothing not provided by the employer. He was wearing an old and phased out overall... More
This is an appeal and cross appeal against the decision of the designated agent who ruled that appellant had been irregularly dismissed and ordered that he be reinstated without loss of salary and benefits or that he be paid damages for the loss of his job as a watchman with the respondent employer. More
This litigation and indeed the dispute between the parties could have been avoided. It is the signal failure of the office of the Mining Commissioner to manage a simple mining issue which has brought about the simmering conflict between neighbours, a conflict which could have led to dire consequences, but for, the commendable self- restraint of the parties who have continued to submit themselves to due process only to be let down by the Mining Commissioner’s Office. More
Pursuant to the registration of an arbitral award handed down in favour of the respondents on 17 November 2009, the respondents have proceeded to execute on that order.
The execution currently in full swing has led to the attachment of the applicant equipment some of which constitute the mainstay of its very existence. The applicant’s very existence and the welfare of all its employees including the respondents have been thrown on the spotlight. It is under a serious threat.
Alarmed by the unfolding drama the applicant sought clarification as to what amount was exactly due to the respondents against what... More
This is an application for condonation of late filing a notice of opposition and upliftment of the bar operating against the applicant employer. The applicant is out of time by 28 days to file its opposition in LC/H/1164/22 which is a review matter at the instance of the respondent employee. The employee is opposed to the grant of the condonation relief. He cites the fact that the employer has no good excuse for the default and that it does not have merited opposition to his review application. More
This urgent court application was filed in terms of r 59(6) of the High Court Rules, 2021. The applicant seeks spoliatory relief and other interdicts pending the resolution of a shareholder dispute that is currently before arbitration tribunal. That dispute is concerned with a joint venture arrangement between the applicant and the first respondent that involves the affairs of the second respondent. The second, third and fourth respondents were cited as interested parties. They did not oppose the application and were not represented at the hearing. More
The plaintiff and defendant were joined in holy matrimony on 25 March 1972 at Harare in terms of the Marriages Act, 1964(now Chapter 5:11). Their marriage still subsists.
The marriage was blessed with five children who are now adults and self sustaining.
During the subsistence of the marriage the parties acquired some movable assets and an immovable asset namely, No. 17 Dengu Street, Zengeza 1, Chitungwiza.
On 17 May 2014 the plaintiff sued defendant for a decree of divorce and the distribution of the assets acquired during the subsistence of the marriage between the parties More
1. This is an application for bail pending appeal against sentence. On 17 January 2023 after hearing arguments, I delivered an ex tempore judgment, to wit: “The application for bail be and is hereby dismissed.” I have, however, been requested to provide a fully dressed judgment with reasons. I outline hereunder the reasons for this decision.
2. The salient facts are that the applicant was arraigned before the Magistrate Court sitting at Filabusi. He was charged with the crime of assault as defined in section 89(1) of the Criminal Law (Codification and Reform) Act [Chapter 09:23). It being alleged that... More