This is an appeal against the whole decision of the respondent’s chief executive officer sitting as the internal appeals officer dated 15 December 2023. This appeal is opposed.The appellant was employed by Ilala Lodge (the respondent) as a guest relations officer sometime in 2022. In November 2023 the appellant allegedly received a sum of money from a senior employee that was meant for the tips box. The appellant was subsequently suspended from employment pending a disciplinary hearing which was then held on 28 November 2023. The disciplinary authority found the appellant guilty of corruption and the appellant was dismissed from... More
TAKUVA J: This is an application for summary judgment in which the applicant seeks the following relief:
“1. The application for summary judgment be and is hereby granted.
2. The respondent pays the applicant the sum of US$19700.00 (nineteen thousand seven hundred United States Dollars).
3. The respondent shall pay interest at the rate of 5% per annum from the date of the issue of summons to date of full payment.
4. The respondent shall pay costs of suit on an attorney and client scale.
5. The respondent to pay for collection Commission in terms of the Law Society of... More
The first respondent is one of the major hospitals in Zimbabwe. It is also a registered school of nursing . It falls under the jurisdiction of the 2nd respondent. In its capacity as a school of nursing, 1st respondent has the duty to train students as nurses. Upon qualification as nurses its students have the duty to look after the sick and they perform such duties in various medical facilities countrywide including the 1st respondent itself. The parent body for both respondents is the Ministry of Health and Child Care ( the Ministry). More
On the 24th of July 2023 this court dismissed the applicant’s urgent chamber application. The application was filed on the 22nd July 2023 and the hearing subject of the application was on the 26th July 2023.3. The applicants argued that the decision to further suspend them and go on to hold a hearing on the same charges was grossly irregular. They wrote to the respondent pointing out the irregularity and asking it to stop the process. The respondent did not oblige hence the urgent chamber application. More
This is an application for quantification of damages in which the Applicant is seeking the total sum of USD $1 446 738, 75 as salaries and back pay in lieu of reinstatement for a period running from July 2016 to January 2023. The Applicant is also claiming punitive damages on the Respondent in the sum of USD $624 000 in addition to pension and medical aid. The Respondent is of the view that the amounts claimed by the Applicant are absurd and totally unwarranted given the fact that the Applicant found alternative employment from March 2018 to August 2021.It also... More
This is an application for variation of the consent paper and divorce order granted by this court under cover case number HC 125/14. The basis of the application is section 9 of the Matrimonial Causes Act (Chapter 5:13) (The Act), and section 81 (2) (3) of the Constitution of Zimbabwe Amendment No. 20 2013. (the Constitution) More
The new High Court Rules being Statutory Instrument 202 of 2021 have ushered in challenges in as much as they have brought clarity in certain areas. The need to revisit and streamline the rules for the attainment of clarity, cohesion and practicality much needed to regulate and maintain a coherent justice delivery system calls for urgent attention. Rules should not have gaps nor leave the litigants or the court in a quandary as to what next to do in pursuing a certain procedure. Rule 42 is one such provision that requires attention as this case has shown. More
: The applicant approached this court on urgency seeking the following order:
TERMS OF FINAL ORDER SOUGHT ARE AS FOLLOWS:
That you show cause to the Honorable court why a final order should not be in the following terms:-
1. The first respondent be and are hereby ordered to demolish any structures which he erected on Stand 40295 Belvedere, Harare or subdivided portion thereof known as Stand 41550 Belvedere, and fill up all the trenches dug there at pending the finalization of the case in HC 2973/21.
2. The first respondent is interdicted from effecting any developments or taking occupation... More
The applicant claims to hold rights, title and interest in a property situate in Belvedere suburb, Harare called stand 40295 Belvedere measuring 2106 square metres. She claims to have purchased the property by reason of a cession of rights from one Chris Edwin who had purchased the property from the third respondent. The agreement of sale between Chris Edwin and the third respondent was attached to the applicant’s supplementary affidavit filed on 25 July 2022. That agreement was executed by the third respondent and Chris Edwin on 10 October 2016. In terms of clause 8 of the agreement of sale... More
[1] At the commencement of the hearing of this appeal, Mr Magwaliba advised the Court that the parties had agreed to request adetermination on the preliminary issue, raised in the issues for determination in the pre-trial hearing minute filed by the parties in this matter- which is, whether there is before the Court a valid appeal in respect of which the Court can assume jurisdiction. The parties agreed that a determination of the preliminary point would be dispositive of the appeal.
[2] Briefly, the relevant facts forming the background of the matter are as follows. On 12 March 2020 the... More
MAKONESE J: The two applicants are facing serious allegations of robbery in contravention of section 126 of the Criminal Law (Codification and Reform) Act (Chapter) 9:23. The state alleges that on 1st January 2021 and at around 2200 hours at 4462 Gwabalanda, Bulawayo applicants were part of a group of four assailants who produced a knife and placed it on the complainant’s neck threatening to cut his throat at the same time demanding cash and valuables. Applicants and their associates then forced the complainant to lie down on the middle of the road whilst the complainant’s friend was being held... More
This an application for condonation for reinstatement of a matter following abandonment. It is opposed.
The background of the matter is that the applicant noted an appeal with this Court sometime in 2022.The respondent duly filed its notice of response as stipulated in the Rules of this Court, Statutory Instrument 150/2017 ( the Rules /S.I. 150/17).Thereafter the applicant’s representatives did not file heads of argument in terms of the Rules. More
The appellant in this case was charged with an act of misconduct by her employer, the respondent.
She was found guilty and the employer imposed the following penalty:
“that she should not be promoted to the next grade for the next five (5) years.”
She was aggrieved with both the conviction and the penalty and she noted this appeal.
The facts of the matter are common cause. More
