The Appellant was summarily dismissed in August 2010 in contravention of Statutory Instrument 15 of 2006 which applies to employers and employees without registered Codes of Conduct. He took his case to arbitration and on the hearing date the respondent did not turn up. The Arbitrator ruled in his favour but when it came to the award, she only granted the Appellant leave pay, notice pay and arrears for underpayments. She did not award him anything as damages for wrongful dismissal; neither did she award him any back pay from the date of the unlawful dismissal to the date of... More
The major issue to be decided in this case is whether a party is entitled to seek audience in order to make oral submissions on urgency where a judge has made a decision that the matter is not urgent and ordered that the case should be struck off the roll of urgent matters with reasons which appear on the face of such order. In the case at hand, the applicants filed an urgent chamber application on the 17th of July 2024 seeking an interim order to interdict the 1st and 2nd respondents from carrying out mining activities at the disputed... More
The historical narrative is that, the first and third applicants are brothers borne of the same father, whilst the second is a wife to their late brother. The dispute revolves around their stay and occupation of a once family property, farm 27 Chitomborwizi East, Chinhoyi. The farm is said to have originated from their biological father Johannes Ngandu Chiguvare who was the original occupier or acquirer in the late 1940s. Somehow, their late father is said to have donated his rights and interests in the said farm to one of his sons, a brother to the two applicants, Antonio Mapfumo... More
On the 6th of April 2021, the plaintiff caused a summons to be issued from this Court praying for a decree of divorce, and sharing of marital property. Maintenance was to continue being regulated by the extant order of the Kwekwe maintenance court. The defendant entered an appearance to defend and the matter progressed to trial leading to this judgment. More
This is an application for bail pending trial. Applicant is facing one count of possession of raw ivory without a permit in contravention of section 82(1) of the Parks and Wildlife Regulations SI 362/1998 as readwith section 128 (1) (8) of the Parks and Wildlife Act (Chapter 20:14), and a further count of possession of a firearm without a licence in violation of section 4(1) of the Firearms Act (Chapter 10:09). The applicant denies the allegations and avers that he has been wrongly implicated. The application for bail is opposed by the state on the grounds that there is overwhelming... More
This is a court application for leave to execute an order of this court in case number HC 5622/19 pending appeal.
The application is opposed by the respondents.
On 17 January 2020 the applicant obtained an order against the respondents in case number HC 5622/19 in the following terms;
“that;
1. The respondents return and deliver a new Terex J1160 Mobile Crushing Plant to the applicant within 7 (seven) days from the date of granting of this order.
2. Failure of which the Sheriff is hereby authorized to take all reasonable steps to ensure that the respondents complies with this... More
This is an application for an order of rei-vindicatio and alternative relief. I granted the relief sought in the main. The applicants draft order was worded as follows:
1. The respondents return and deliver the applicant’s Terex J1160 Crushing Plant to the applicant within 7 (seven) days from the date of granting of this order.
2. In the event that the plant is not delivered as aforesaid, the Sheriff is authorised to take all reasonable steps to ensure that the respondents comply with this order.
3. The respondents are jointly and severally liable for applicant’s costs on the ordinary scale. More
This is an application in which an order is sought for the respondent to furnish the further and better particulars requested by the applicants on 25 November 2011. The second applicant is the deponent to the founding affidavit wherein he avers that he is authorised by the first applicant to make the affidavit and bring the application. He also avers that he also brings the application on behalf of himself as well as the third and fourth applicants. More
This is an application asking this court
“to issue an order to force the 1st Respondent to issue out an arbitral award that meets the requirements of Labour Act [Cap 28:01] section 98 subsection 14”
The Applicant avers that the arbitral award granted by Honourable J.T. Mawire on September 2010 does not comply with section 98 (13) and (14) of the Labour Act, in that it does not sound in money. He now wants this court to issue an order compelling the Arbitrator to issue an order that sounds in money. More
The appellant is the 1st respondent’s neighbour. They were, according to the second respondent,(Chipinge Town Council), allocated portions of the subdivided stand 754. The appellant was allocated stand 754B while the 1st respondent was allocated stand 754A. More
This application was initially heard in 2018 and a judgment was handed down on 12th September 2019. The applicant appealed against that judgment, HB 138-19. The appeal was allowed and the matter was remitted for a hearing de novo before a different Judge. More
Applicant seeks by way of a declaratur the following relief:
“1. The dismissal of applicant from the Zimbabwe Republic Police on the 9th of December 2013 be and is hereby declared unlawful.”
The facts
The applicant was a constable in the Zimbabwe Republic Police (ZRP). Following allegations of contravening section 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (Rape), a criminal docket was opened against him. The matter was subsequently referred to the Regional Court for prosecution. Meanwhile the ZRP proceeded to charge the applicant in terms of the Police Disciplinary Code for contravening paragraph 35 of... More
The appellant was employed as a general hand by the respondent and was stationed at Marondera Provincial Hospital. The respondent charged him with an act of misconduct. It was alleged in a letter dated 18 July 2022 that he was being charged with an act of misconduct in terms of the Labour National code of Conduct Regulations Statutory Instrument 15/2006, Section 4 paragraph (d) which reads “theft or fraud” More
DUBE-BANDA J: This is a bail application pending trial. Applicants are jointly charged with two counts of robbery as defined in section 126 (1) (a) of the Criminal law (Codification and Reform) Act [Chapter 9:23]. It being alleged that, on the 26th day of April 2021, and at around 1800 hours, the complainant Thokozile Zororo (complainant) was inside the shop Mutetso Investment in the company of Mostaff Murombo and Muchaita Marodza preparing to knock off when the applicants in the company of their two accomplices who are still at large arrived and entered into the shop holding pistols. More
This is an appeal against a decision of Respondent Disciplinary Authority handed down on 28th April 2015.FACTUAL BACKGROUND
The Appellant was employed as Head of Chikukwa Primary School in Mutoko. On the 30th of May 2014 the 1st Respondent levelled a charge of misconduct in terms of section 44(2) as read with paragraph (2) (8) and 24 of the First Schedule (Section 2) of the Public Service Regulations, 2000 (thereafter referred to as the regulations). More
