The plaintiff’s claim against the defendants jointly and severally, the one paying the other to be absolved, is for a refund of US$10 000-00 an amount which the plaintiff paid to the defendants as an initial deposit towards a commitment fee in the sum of $35 000-00. More
This is an appeal against a determination by the Respondents’ Chief Executive Officer sitting in his capacity as an Appeals Authority. The determination which was handed down on 3rd of June, 2020, in its operative part, dismissed the appeal noted by the now Appellant against the determination of the disciplinary committee. Secondly, the appeals authority upheld a cross appeal by the now Respondent, thereby setting aside the lesser penalty imposed by the respondents’ Disciplinary Committee and substituting it with a heavier penalty of dismissal from respondent’s employment with immediate effect. The Respondent was also directed to recover from the Appellant... More
The appellant raised two preliminary issues before the matter proceeded into the merits. Firstly that the respondent filed its notice of response out of time and therefore was barred in terms of Rule 19 3(b) of the Labour Court Rules (“the rules”). Secondly that the said notice of response was not properly before the court as it was not made on the proper form LC2 prescribed by the rules. The appellant relied on Rule 19 which deals with failure to file heads of argument instead of Rule 22 that deals with failure to file a notice of response within the... More
At the commencement of these proceedings, the plaintiff abandoned its claim against the 2nd defendant. There was no proof of service on the 2nd defendant. The plaintiff indicated that she would pursue the action without the 2nd defendant. The 1st defendant submitted that it would no suffer any prejudice and therefore did not object to the matter proceeding without the 2nd defendant. More
This matter was filed in this court as a court application. The applicant seeks an order in the following terms:
“1. House number 4 Mimosa, Westview also known as Stand 2986, Westview Kadoma shall be awarded to LainaNdoro (Nee Mutimodyo) as the surviving spouse to the late Robert Ndoro, DR 828/09.
2. The first and final liquidation and distribution account, Annexure “D” shall be amended accordingly.
3. The first respondent shall pay the costs of this application in his personal capacity if he opposes this application.” More
The applicants applied for a constitutional declaratory order. They moved the court to declare that corporal punishment in school and in the home violates the rights of children as set out in sections 51, 53 and 81 of the Constitution of Zimbabwe. They filed their application in terms of s 85 (1) (d) of the country’s Constitution (“the Constitution”). More
The applicant seeks a provisional order in the following terms:
TERMS OF FINAL ORDER SOUGHT
1. The 3rd respondent’s sentence under CRB 3039/22 against the applicant be and is hereby suspended pending the finalization of the appeal under case No. CA 205/22, App 38/22.
2. The respondents to pay costs of suit jointly and severally, one paying the others to be absolved.
INTERIM RELIEF GRANTED
Pending the confirmation or discharge of the provisional order, an interim relief is granted on the following terms –
1. The sentence of the 3rd respondent against the applicant in case No. CRB HREP 3039/22... More
The applicant seeks a provisional order in the following:
“TERMS OF FINAL ORDER SOUGHT
It be and is hereby ordered that:
(a) Provisional order granted in this matter be and is hereby confirmed;
(b) The order of the court a (sic) Harare Magistrates’ Court in CRB 4041/12 dismissing the applicant’s exception to the criminal charges levelled against him in terms of s 7 of the Children’s Act be and is hereby set aside;
(c) The charges pressed by the respondent in the Harare Magistrates’ Court in CRB 4041/12 be and are hereby quashed; and
(d) There be no order as... More
The applicant and second respondent who were once husband and wife entered into a written agreement of sale with the first respondent sometime in October 2007 in respect of an immovable property known as Stand No. 4306 Fountainbleau Estate measuring 185 square metres held under deed of grant number 00117/05. The agreed terms of the agreement were that transfer of the property was to be effected upon full payment of the purchase price. More
1. This is an appeal against the whole judgment of the Administrative Court handed down by Mandeya J on 13 May 2022. After hearing submissions from counsel for the parties the court dismissed the appeal with costs indicating that reasons for the order would be given in due course. These are the reasons. More
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
