This is an appeal from the magistrate’s court. The lower court dismissed an application for rescission of judgment brought by the appellant. The appellant had filed that application in terms of s 34(2) of the Magistrate’s Court Act, (Chapter 7:10) (“the Act”). This is the provision that entitles any person affected by an order of the magistrate’s court authorising the messenger of court to seize and attach so much of the movable property of, or under the control of, a tenant and found on the rented premises and as may be sufficient to satisfy the amount of rent due and... More
The four applicants together with one Vusumuzi Reynold Dube who was granted bail by CHINAMORA J in case No. B 186/21 on 15 February, 2021 appeared before the magistrate at Bindura on 12 January, 2021 on allegations of having committed the offence of robbery in aggravating circumstances as defined in s 126 of the Criminal law (Codification and Reform ) Act, [Chapter 9:23]. It was alleged that on 20 December, 2020 the five accused connived to rob the complainant Daniel Chigwada of cash at his residence at Chigonda village, Chiweshe. The fourth applicant herein was the alleged mastermind who advised... More
The marauding highway robber has been dubbed the modern-day pirate. As with his yesteryear buccaneer counterpart, hismodus is to target travellers, particularly those he believes to be in possession of valuable items or cash and use brute force to wrest those items from them. In the case of the highway robber he specifically targets travellers whether on board a bus or those driving their own private motor vehicles. He then forcibly stops them or ambushes those that may have stopped for one or other reason before viciously attacking and robbing them, (not infrequently at gun point) of their belongings.From a... More
This is an application for an interdict in the form of an order for a stay of execution of the order of this court granted in case No. 1824/18.
The background to the application is that on 9 May, 2018 PHIRI J granted a default judgment on the unopposed motion roll in favour of the first respondent against the first and second applicants as more fully set out in the terms of the order as captured in Case No. HC 1824/18. I do not propose to set out the terms verbatim as they are clear on reference to the order... More
This is an appeal against the decision of the Arbitrator where he ordered the reinstatement of the Respondent by the Appellant company following allegations of a breach of the Respondent’s Code of Conduct. Facts of the case are that Respondent who was in Appellant’s employ as a Finance Manager was sent on paid leave on 5th October 2012 and suspended on 19th November 201 on allegations that he had breached the Respondent’s Code of Conduct. More
On 12 September, 2007 the Respondent was suspended on allegations of contravening Section 4(a)of Statutory Instrument 15 of 2006 for“an act of conduct or omission inconsistent with the fulfillment of the express or implied conditions”of employment. The disciplinary hearing was set for 18 September, 2007. On 18 September, 2007, The Respondent tendered his resignation. He said he had decided to go on early retirement and therefore would want to resign with immediate effect. The last sentence in the letter then said “Please feel free to discuss the Exit Package with me.” The letter was received by the Appellant’s officials on... More
This matter was set down as an application for condonation of late filing of heads of argument and upliftment of bar. It is a case which makes very sad listening.In its pre-hearing discussion with the parties, the court explained to the lawyers then present that, the manner in which the employer had prosecuted its case all through left a lot to be desired especially when it came to the observance of time lines as set down by the rules of court.
The court therefore did not mince its words and told counsel for the applicant that the approach to the... More
On 27 November 2019 we dismissed this appeal in its entirety and indicated that our reasons for dismissal would follow, these are they.
On 10 April 2019, the appellant appeared on charges of contravening s 131 (1) (a) as read with s 131 (2) (e) of the Criminal Code for unlawful entry into premises in aggravating circumstances, he was convicted after a full trial and sentenced to 36 months imprisonment with 6 months imprisonment being suspended for 5 years on the usual conditions of future good behaviour, a further 12 months were further suspended on conditions of restitution. When the... More
This is an application for rescission of judgment and upliftment of bar. The application is opposed by 1st and 2nd respondents. After hearing argument in this matter I reserved judgment. These are the reasons for my ruling in this matter. More
This is an application for condonation for late noting of an application for confirmation of a draft ruling.
The applicant is a Labour officer. On 20 August 2018, he handed down adraft ruling in a dispute between Gerald Kambadza and Zimbabwe Leaf Tobacco (first and second respondents respectively).
The background to the dispute is that the 1st respondent was charged at the work place with an act of misconduct. It was alleged that the 1st respondent was in the habit of absconding from work without authority from management. It was further alleged that the 1st respondent had absconded from his... More
In this matter, the applicant came before me to seek confirmation of a ruling and order made in a matter involving the respondent and one Kennedy Chinosengwa (the claimant).
Before the applicant, the claimant was appealing against an unfair dismissal. A conciliation hearing was held and it was unsuccessful. More
This is an application by a labour officer. It is for the confirmation of the officer’s draft ruling. It is in terms of section 93 (5a) (a) and (b) of the Labour Act, [Chapter 28:01] (the Act). It is opposed by the 1st to the 23rd respondents. it is supported by the 24th respondent in whose favour the ruling is. More
This is an application in terms of Section 93 (5) (a) of Labour Amendment Act No 5 of 2015 for the confirmation of the ruling made by the labour officer in a matter pitting MthandazaSibanda and Stratia Beverages. The argument giving rise to the decision by the labour officer was around issues that the employer had deducted certain moneys from the employee’s salary outside what the law provides for. It was also accused of reducing the employee’s salary unilaterally. More
This is an application for the confirmation of a draft ruling by the applicant in terms of Section 93 of the Labour Act [ Chapter 28:01] (the Act). The applicant in casu presided over the quantification of amounts claimed by the employees from their employer, the 1st responded. More
This is an application for Labour Officer Lilford Nhandara that was made on 1st November 2019. In his ruling the Labour Officer ordered the first Respondent to pay the 2nd Respondent (claimant) a total sumof USD883 299-63 arising from damages in lieu of reinstatement and cash in lieu of leave days within 60 days from this order.
The brief history of the matter is that this application is coming to this court after the draft ruling by the Labour Officer was confirmed by this court under judgment LC/H/426/18. In this judgment Honourable Judge Kudya ordered as follows; More
