This is an appeal against the whole judgment of the Labour Court (the court a quo) handed down on 9 March 2023. The court a quo dismissed the appellant’s appeal against the decision of the Disciplinary Hearing Authority which dismissed him from employment. More
On 6 June 2017 after hearing counsel and considering the documents filed of record we dismissed the appeal with costs. We gave an ex tempore judgment. Our written reasons are captioned herein. The court a quo issued the following order that:
‘1. The respondent be and is hereby barred from interfering with the day to day operations of the applicants.
2. The respondent is interdicted from stopping the applicant’s members from paying their subscriptions.
3. The respondent is interdicted from preventing the applicants from constructing and developing stand No. 2015 Siyaso, Magaba, Mbare in terms of the Memorandum of Understanding.... More
This is an urgent court application in which the applicant seeks the following relief:
“1. That the actions of the respondents (sic) or their lawful agents in taking over the property at Stand 836 and 837 Mazoe is an act of spoliation.
2. The respondent or any of their agents are hereby ordered to restore possession of Stand 836 and 837 Mazoe District to the applicants (sic) forthwith.
3. That it is hereby ordered that any other person is barred from interfering with the premises on Stand 836 and 837 Mazoe District without a lawful cause and order of the... More
This is an application for condonation of late noting of an appeal. It is trite that in order for the application to succeed, the following factors are considered:
a) Whether the extent of delay in noting the appeal is in ordinate considering the circumstances of the case.
b) Whether there is a reasonable explanation for the delay.
c) The prospects of success should the matter be heard on the merits. More
This is an appeal against the decision of the Disciplinary Hearing Committee which dismissed the Appellant following allegations of contravening the Public Service Regulations
1 /2000.
The facts of the case are as follows: Appellant was employed as a Depot Manager by the Respondent Ministry. At the time of the allegations founding the instant case, he was based at the Marondera Vehicle Inspection Depot. More
This is an appeal against conviction and sentence. The appellant was convicted of the offence of theft by false pretences under the old law. He was sentenced to 24 months imprisonment of which 6 months imprisonment was suspended for five years on condition that during that period he does not commit an offence involving dishonesty for which he is sentenced to imprisonment without the option of a fine. The effective sentence was therefore 18 months imprisonment. The appeal is opposed by the respondent. More
The plaintiff and defendant are husband and wife. They married each other in Harare on 23 August 1997 in terms of the Marriage Act [Cap 5:11]. The marriage was blessed with three children, Tatenda (male born on 20 September 1997); Tapiwa (female born on 8 February 2001) and Takudzwa (female born on 10 August 2003).
On 31 March 2010 the plaintiff issued summons out of the court seeking a decree of divorce on the basis of irretrievable breakdown, an order for custody of the three minor children, an order of sharing matrimonial property and costs of suit. More
The background to this matter explains the very long and elaborate draft order. These background facts are based on the applicant’s version, which is this: the applicant and 1st respondent were known to each other as client and legal practitioner since 2005. The 1st respondent is a legal practitioner and senior partner practicing under Dube-Banda, Nzarayapenga and Partners. The 1st and 2nd respondents are shareholders in the 3rd respondent. The 1st respondent pitched a proposal to the applicant to invest in the 3rd respondent and the applicant duly invested US$400 000 but in the form of a loan. This investment... More
This is an appeal against the decision of the Institute Board to dismiss the appellant from employment.
The brief history of this matter is that appellant a lecturer in the Pharmaceutical Technology department around August 2015 started conducting lectures for two foreign students from Namibia without the requisite authorisation. He made the students to pay $200 for the ten lessons he delivered to them. He was charged for contravening Section 9:4:2 of the Disciplinary and Grievance Handling Procedural which reads that
“Any act of conduct or omission inconsistent of the express or implied conditions of his contract.” More
On 17th October 2011 this Court made an order by default in favour of Respondent. On 18th October 2011 Applicant filed the present application for rescission of the order. Respondent opposed the application. More
This is an application to compel a cession of rights, title and interests in Stand 7612 Kwekwe Township to the second applicant, Brainchild Properties (Private) Limited (Brainchild) by the first respondent Brenan James Michael De Bruyn (Mr De Bruyn) and the second respondent Advance Africa Holdings (Private Limited) (Advance Africa). The third respondent, the City of Kwekwe is cited in its capacity as the local authority where the property is situated and whose consent is required. More
This is an application for bail pending appeal. The principles underlying an application of this nature are summarily, the likelihood of abscondment, prospects of success and the delay before the appeal is heard as outlined in the case of S v Dzawo 1998 (1) ZLR 556(S). These are counter balanced by the interests of the administration of justice and an individual’s right to freedom. See, S v Williams 1980 ZLR 466(A). However, the rules are sterner for a convicted person than those who stands to be convicted as the latter has constitutionally entrenched rights to liberty and to be presumed... More
On the 13th of July, 2012 this Court granted an order by default in favour of the Respondent. The Applicant has filed the present application for rescission of that order, upliftment of the bar and condonation for the late filing of heads of argument. The application is opposed. More
On 8 July 2022 at Total Service Station Rusape, Manicaland, all three applicants were found by detectives being in possession of a dead pangolin in contravention of s 45 (1)(b) of Parks and Wild Life Act, [Chapter 20;14]. S read with SI 70 of 2020. The applicants were using a silver Toyota Baby Quantum belonging to second applicant. All three applicants were lured by police detectives who posed as potential buyers. The pangolin was stashed in 10kg polythene bag behind the driver’s seat. Cellphone umber 0777 925 402 belonging to first applicant was used to communicate with the potential buyers... More
