Applicant made a chamber application to this court on 9 January 2013 seeking this court to condone her late filing of an appeal against the decision of the Respondent Council. The Respondent dismissed her on allegations of theft and absence from work without leave.
After going through the papers pertaining to this application in particular, the founding affidavit and the respondent’s notice of response, the court observed that the Applicant had baldly averred that she had prospects of success on appeal on the matter .The court instructed the Applicant to purge the defect before the matter could be set down... More
The plaintiff and the defendant married each other on 6 December 2003 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with two children now aged about six years and two years respectively.
The plaintiff issued summons out of this court on 7 May 2009 seeking a decree of divorce; an order awarding him three motor vehicles, a Mazda 323, a Toyota Corolla and a Toyota Dyna and also awarding him immovable property number 22625 Unit G Seke, Chitungwiza and costs of suit.
The defendant filed her plea and also counterclaimed seeking a decree of divorce, custody... More
This is a review of the disciplinary proceedings which resulted in applicant being found guilty of misconduct and being penalised with dismissal from work. The applicant had placed before the court 5 review grounds but in his oral address withdrew grounds 2, 3 and 4 thus leaving for determination only grounds 1 and 5. Ground 1 relates to improper composition of the disciplinary body. Ground 5 relates to failure by the disciplinary body to give applicant a chance to mitigate. Applicant prays that on the success of these 2 grounds his guilty verdict and dismissal penalty be upset and substituted... More
This matter was set down as an application for a review of the disciplinary proceedings conducted by MASCA against its employee one Mano. Four preliminary points were raised at the outset of the review proceedings. It is only these four preliminary points which are addressed by this judgment. More
This is an application for the rescission of a default judgment handed down on 4 October 2022 in a labour dispute pitting the applicant employee and the respondent employer. The background to the matter is that the employee filed a review application with the Labour Court challenging the process leading to his dismissal from his workplace. He however did not attend court on the set down date despite service of the set down date on his union representatives. In the result default judgment was granted. He now wishes to have that default judgment set aside so that his review application... More
In October 1993 one David Zhuwaneti issued summons out of the magistrates’ court, seeking a decree of divorce against one Ebba David (Zhuwaneti). At the end of the hearing, the trial court made the following order:
“Divorce is granted on grounds of irretrievable breakdown of the marriage with the consent of both parties. House number 2388 Kambuzuma to remain with the applicant. Further evidence to be led on its value for the court to consider contributions made by respondent. Respondent is awarded all the movable property. Each party bears his or her costs.” More
This is an appeal against an arbitral award made in favour of the respondents employees against the appellant employer in a labour matter which pitted the 2 parties against each other. More
MATHONSI JA: On 2 July 2020 the High Court granted an application made by the present first respondent for the removal of the applicant from the position of executrix of the estate of the late RemnsiMachokoto. The applicant, having failed to note an appeal against that judgment within the time allowed by the rules of this Court, has made this application interms of r 43 (1) of the Supreme Court Rules, 2018 for condonation of the late noting of an appeal and extension of time within which to appeal. The application is strongly opposed by the first respondent More
The appellant was employed by the respondent as its transport and logistics coordinator. The appellant faced allegations of misconduct he was found guilty and dismissed from employment. More
This is an appeal against the judgment of the Labour Court dated 14 July 2017 which dismissed an application for review mounted by the appellant. After reading the documents and hearing counsel, we dismissed the appeal with costs and indicated that reasons would be availed in due course. More
This is an appeal against an arbitral award in favour of the Respondent. Respondent has been in the employ of the Appellant since 1 February 1996 as a Group Administration Manager. Between 2005 and 2008 Appellant embarked on a retrenchment exercise for its employees stationed at around 30 outlets countrywide. Respondent requested to be considered for retrenchment but the request was not granted as the parties could not agree on the package to be paid. Appellant offered to reduce Respondent’s working hours. From April 2009 to date, Respondent is on a weekly wage. Respondent approached Appellant for a review of... More
Thisis an appeal against the Arbitral Award of Honourable N Bore which was issued on the 18th of March 2014. The operative point of the award reads as follows:
"The respondent is therefore ordered to pay to the applicants;
(i) Salaries equivalent to three months wages based on the rate applicable at the each applicant’s contract was terminated.
(ii) Housing allowances for three months period at the gazetted rates.
(iii) Cash in lieu of leave for three months period.
(iv) Any other benefits to which the applicants were entitled to in terms of their respective contracts of employment. More
This is an application for condonation of the late noting of an application for review by the applicants of the decision of the juvenile court. This matter appeared before me on the motion roll of the 18th of November 2021 and I declined to grant the order for the simple reason that, no case had been made for the relief sought. The applicants have since requested for written reasons and here are the reasons. More
This is an urgent chamber application for a provisional order whose interim relief sought is stated as follows:-
“Interim relief sought/granted
1. Pending the determination of this matter, the respondents be and are interdicted
from removing the property listed in Annexture A”. More
This is an application which alleges that the determination of the arbitrator relating to the Applicant’s disciplinary hearing which was dated 3rd August 2007 when the hearing happened on the 8th of August 2007 was forged. The prayer is that the determination be set aside and that the Applicant be reinstated to this former position without any loss of benefits and status. More
