The applicant in this matter seeks an order, inter alia, for the reinstatement of his contract of employment and the payment of arrear salaries and benefits from the 1st of January 2002 More
3. The appellant is a company duly incorporated in terms of the laws of Zimbabwe. The respondent is also a company incorporated in terms of the laws of Zimbabwe and is registered as a commercial bank. Sometime in March 2013, the parties entered into a loan agreement in terms of which the respondent granted a short-term loan facility to the appellant for an amount of USD160 000. In terms of the loan agreement, the appellant was to finance its business activities, particularly the procurement of raw materials. The appellant was also obliged to pay the respondent an amount equivalent to... More
This is a chamber application for leave for direct access to the Constitutional Court (“the Court”) in terms of r 21 of the Constitutional Court Rules SI 61/2016 (“the Rules”). The applicant intends to file the main application with the Court should leave for direct access be granted. More
The plaintiff claims that the defendant breached terms of a loan agreement entered into between the parties by failing to advance to the plaintiff the loan amount agreed to. It asserts that its failure to secure the agreed loan resulted in it failing to procure raw materials for its business activities causing loss in business opportunities and profits. The plaintiff claims damages in the sum of $320 000, 00 in order to place it in the position it would have occupied had the breach not occurred. More
The applicant a business entity, applied for leave to institute a Class Action in terms of s 3 of the Class Actions Act [Chapter 8:17](hereinafter referred to as “the Act”)against the respondent. More
HLATSHWAYO JA: This is an appeal against the whole judgment of the Fiscal Appeal Courthanded down on 1 November 2016 under judgment number HH 661/16 of case number FA 08/14, in terms of which the court handed down judgment in favour of the respondent.
The appellant seeks relief in the following terms:
WHEREFORE Appellant prays that the appeal be allowed with costs and that the order of the court a quo be set aside and substituted with the following:-
"The appeal be and is hereby allowed as prayed" More
This is an appeal against an arbitral award requiring the appellant to reinstate the respondent or in lieu thereof pay him damages.
The respondent was employed by the Appellant in 2001 as a security guard. He rose through the different ranks until he became an Operations and Fore Court Manager a post he held at the time of dismissal. During the course of his employment it was alleged that respondent had committed some acts of misconduct. Subsequently the respondent was served with a letter of suspension dated 26 July 2011. It is important that I set out the contents of... More
Opposed Chamber Application for condonation of late filing of an application for leave to appeal to the Supreme Court and application for leave to appeal to the Supreme Court More
I reserved judgment in this application on 4 December, 2015. Owing to my redeployment to the Criminal Division in January, 2016 where I am still deployed, I could not timeously deliver my judgment because of the volume of work obtaining in the criminal division. I do acknowledge the follow up letters which have been written by the applicants’ legal practitioners following up on the judgment. The delay is regretted. I however note that there has not been any undue prejudice occasioned to the applicant because the rights he seeks to assert and protect are in fact protected by a provisional... More
This is a consolidated judgment for matters HC 1338/21, HC 2366/21 and HC 3281/21. The matters were consolidated by consent of the parties. In this judgment, I refer to the parties as they appear in case HC 1338/21. The applicant seeks the registration of an arbitral award granted in its favor against first to third respondents. In case HC 2366/21, the third respondent seeks the setting aside of the same award whilst in case HC 3281/21, the second respondent also craves for the same relief. More
The first and second plaintiffs are husband and wife. The first defendant is a business man whereas the second defendant is a firm of lawyers duly registered in terms of the laws of this country. More
This is an appeal against an arbitral award issued on 10 November 2014, which dismissed the appellants’ claim that their employment was unlawfully terminated.
The appellants were employed by the respondent in various capacities. After the annual shutdown of December 2013/January 2014, the appellants were advised not to report for duty until work was available. The respondent was facing viability problems, mainly caused by the demolition of houses taking place in Chitungwiza. This adversely affected its construction business. More
This is a court application for the registration of an arbitral award in terms of Chapter viii, article 35 of the first schedule to the Arbitration Act, Chapter 7:15 as modified by SI 208/96. The application is opposed by the respondent. More
