On 18 December 2015, the applicant filed an application for rescission of judgment in this Court. The application was opposed by the respondent.On the date of the hearing and before the application could be heard on merits, the respondent raised preliminary points and urged the court to make a specific finding that the applicant’s case was not properly before the court, and therefore sought its dismissal on that point.
The point in limine raised by the respondent’s counsel concerned the interpretation of order 9 Rule 63(1) of the High Court Rules, 1971 which is framed as follows:
“63 court may... More
TAKUVA J: This is an application for condonation for late noting of appeal.
After hearing argument I dismissed the application. Subsequently a request for reasons was filed by the applicant’s legal practitioners.
These are they.
The applicant was arraigned with three others before a Regional Magistrate sitting at Tredgold on allegations of contravening section 126 of the Criminal Law Codification and Reform Act Chapter 9:23. The state’s allegations were that on 13 March 2018 the appellant and his accomplices went to house No. 115 Mahatshula South Bulawayo where they pretended to be police officers on duty. They later produced a... More
This is an opposed application for a declarator aimed at determining the Applicant’s entitlement to a proper grade classification relating to his work position as an internal auditor. More
The appellant was charged and convicted of Rape as defined in s 65 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. The appellant was convicted of 2 counts of rape and sentenced in respect of both counts to 18 years imprisonment of which 3 years imprisonment was suspended on usual conditions of good behaviour. Aggrieved by both conviction and sentence imposed by the court a quo, the appellant approached this court on appeal. I must mention that the appellant’s counsel properly conceded that if the conviction was proper then the sentence imposed was appropriate as it was in... More
This is an appeal against the decision of the designated agent for NEC Rural District Councils where he ordered that applicant pays Union dues for its employees including for some employees who claim to have withdrawn their membership from the Zimbabwe Rural District Council Workers Union. More
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
