On 27 October 2021, the parties argued an application for a joinder before me, and I granted the order sought by the applicant. The brief background is that there is matter under HC 3170/18, which is before this court. On 3 October 2019, the parties appeared before Justice Tagu, who struck that matter (HC 3170/18) off the roll and ordered that an application for joinder of the applicant be filed. The dispute in HC 3170/18 concerns two properties, namely, Stand 48 Aspindale Park Township of Subdivision A of Aspindale Park of Subdivision A and B of Lochinivar, measuring 100,3134 hectares,... More
This is an application for a spoliation order. The draft order reads as follows-
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms;
1. The 1st, 2nd and 3rd Respondents be and are hereby interdicted from interfering in any manner with the Applicant’s business operations at the tuck shop situated at Gateway Primary School including but not limited to barring her potential customers from buying from the tuck shop.
2. The1st, 2nd and 3rd Respondents be and are hereby ordered not to unlawfully evict... More
Appellant appealed to this Court against her dismissal from employment by Respondent. The appeal was made in terms of Section 92D of the Labour Act Chapter 28:01. Respondent opposed the appeal.
The grounds of appeal were eight-fold. However Respondent’s attorney submitted that the grounds broadly raise 2 (two) issues being the propriety of the conviction and the penalty respectively. More
Applicant’s application for leave to appeal filed under case Number LCH 231/24 was deemed abandoned by the Registrar in terms of Rule 46(b) of the Labour Court Rules, 2017. More
This is an application for review in terms of O33 r256 wherein the applicant seeks the setting aside of a judgment handed down by the 2nd respondent sitting at Kwekwe Magistrates’ Court on 17th December 2010 on the following grounds: More
This is an application for condonation for late noting of an appeal against the decision of the Disciplinary Committee that was handed down on 24 May 2019. The Disciplinary Committee found the applicant guilty of all the three charges that were raised against her and she was dismissed from employment. More
On 13 March, 2023 the plaintiff issued provisional sentence summons against the defendants, jointly and severally the one paying the other to be absolved, for payment to her of the total sum of USD100 000 together with interest at the prescribed rate calculated from 1 February, 2023 to the date of full payment together with legal costs which are at attorney and client scale. She based her claim on two acknowledgements of debt which the defendants signed on 22 January, and 27 February, 2023 in terms of which the latter agreed to repay to her on 31 January 2023 the... More
In the magistrate’s court the respondent sued the appellant for payment of a sum of money said to represent the purchase price for certain farm machinery and equipment sold by the respondent to the appellant but for which the appellant had not paid. The appellant entered an appearance to defend. That was just about the only proper document filed for the appellant throughout the course of this whole case. More
This is an appeal against the decision of the Hearing Officer who found Appellant guilty of misconduct culminating in his dismissal from employment. More
This is an application wherein the applicant seeks a declaration of constitutional invalidity of the laws relating to land acquisition and the ones that put the state in a privileged position in the buying and selling of rural land in Zimbabwe. The applicant says he has locus standi as a citizen of Zimbabwe and as a potential land owner and purchaser he has property rights to protect and that he seeks an order declaring the unnecessary and unconstitutional impediments to acquisition of rural land invalid. More
This is an appeal against an arbitral award handed down on 15 July 2012, in terms of which the appellant’s dismissal for various acts of misconduct was upheld.
The factual background to the matter can be summarised as follows.
The appellant was employed by the respondent as Operations Manager. In the papers on record, his position is variously described as General Manager, General Manager of Operations and Operations Manager. Whatever the precise designation is, the record shows that he was head of the respondent’s operations in Zimbabwe. The respondent is headquartered in South Africa, and also carries on business in... More
This matter was remitted from the Supreme Court with the following order attached-
“IT IS ORDERED BY CONSENT THAT
1. The appeal be and is hereby allowed with each party bearing its own costs.
2. The judgment of the court a quo is set aside.
3. The matter is remitted to the court a quo to be heard by a different judge, and which court shall determine the validity of the Certificate of Heirship reference WE4/158/96 issued in favour of the 1st respondent.”
The sole issue for determination in this matter is the validity of the Certificate of Heirship reference... More
The appellants were convicted by a Regional Magistrate at Harare
of one count each of contravening s3 of the Prevention of Corruption Act [Chapter 9:16].
They were sentenced each to 40 months imprisonment with 10 months suspended for 3
years on conditions of good behaviour. Immediately after sentence, the appellants
indicated to the trial court that they intended to note an appeal against both conviction
and sentence. This they have since done. An application for bail pending appeal was then
made on behalf of both before the trial magistrate. It was dismissed. The proceedings
before me are an appeal against... More
The Appellant was employed by the Respondent in 2005 as an International Bus Driver. He was dismissed from employment with effect from 17th of April, 2012 following his conviction on a charge of violating Sections 1.1 and 2.3 (GrossNegligence) of the relevant Code Statutory Instrument 94 of 1995. The allegations were that on the 2nd of March, 2012 the Appellant was involved in an accident whilst operating one of Respondent’s buses. The Appellant appealed to the Managing Director whichappeal was dismissed. Aggrieved the Appellant has noted his appeal against that decision with the Labour Court. More
This is a bail application ruling. The applicant faces a charge of car theft.The allegations are that on 12 February 2011, complainant gave the applicant her car keys in order that the applicant could park the vehicle safely. The applicant drove the vehicle away and the vehicle has not been recovered. Complainant immediately made a report to the police and the matter is reported under CR 917/02/11 at Harare Central. The applicant applies for bail pending trial. The State opposes bail on the grounds that:-
(a) Applicant is likely to abscond and not stand trial.
(b) That he is likely... More
