This is an appeal against additional revenue added back into the gross income of the appellant by the respondent in the amended assessments number 00114972 dated 5 June 2013 as further amended by assessment number 20200043 issued on 31 December 2013 in respect of the 2010 tax year and 00114970 dated 3 June 2013 as further amended by 20200045 issued on 31 December 2013 in respect of the 2011 tax year. More
The applicants are facing charges of rape in violation of section 65(1) of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicants deny the allegations and contend that they had consensual sexual intercourse with the complainant. More
DUBE-BANDA J: This is an application for bail pending trial. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. Applicant is being charged with the crime of rape as defined in section 65(1) (b) of the Criminal Law [Codification and Reform] Act [Chapter 9:23].It being alleged that; on a date unknown, but during the period extending from June to October 2020, applicant unlawfully and knowingly had sexual intercourse with a female aged 13 years several times on... More
This is an application for absolution from the instance. The plaintiffs instituted proceedings for defamatory damages arising out of statements made pursuant to court proceedings. More
This is an application for condonation for late filing of an application for review.
The brief facts are that applicant was in the employ of respondent. He was charged with fraud in that he submitted fraudulent receipts with his Travelling and Subsistence claim. The Regional Hearing Committee (RHC) found him guilty and recommended his dismissal. He appealed to the National Hearing Committee (NHC) which dismissed his appeal. He did not file his application for review timeously, hence this application. More
This is an appeal against the entire judgment of the Labour Court upholding the arbitrator’s decision that by inviting the respondents for interviews after the termination of their fixed term contracts, the appellant had created in them, a legitimate expectation for their re-engagement as provided for and within the contemplation of s 12B (3) (b) of the Labour Act [Chapter 28:01] (hereinafter referred to as “the Act”). More
The appellant lodged her appeal out of time. Her application for
condonation is not opposed and is accordingly granted.
The parties concluded an unregistered Customary Law Marriage sometime in
1973. The marriage was subsequently solemnized in terms of the Customary
Marriages Act [Chapter 5:07] at Harare on the 24th of July 1990.
The appellant issued summons against the respondent in the Magistrates
Court seeking a decree of divorce and ancillary matters.
The ancillary matters had mainly to do with the division of the matrimonial
property. The couple has a child together who has since attained adulthood. The
claim for divorce... More
The applicant and the respondent were employer and employee respectively. The respondent was employed by the applicant as its Chief Pharmacist with effect from 1 December 2002 up to November 2008. It was a specific term of her employment that the respondent would be entitled to the use of a motor vehicle during the course of her employment. At the time of her joining the applicant, there was no policy in place regulating the use and entitlement to the vehicle. Such was put in place later and there is no dispute between the parties that it applied to the respondent. More
This is an application for the review of the taxing officer’s decision of 24 September 2010 in which she declined to consider the applicant’s costs incurred by the deputy sheriff in effecting an order of this court. More
On the 4th of July, 2023 at Harare, G. Mudzengi in his capacity as a Designated Agent (DA) issued a determination. He ordered appellant (employer) to reinstate respondent (employee) or pay him damages in lieu of reinstatement. The employer then appealed the determination to this Court in terms of section 92 D of the Labour Act Chapter 28:01 hereafter called the Act. The employee opposed the appeal. More
The plaintiffs’ herein issued summons seeking the following relief.
“1. An order declaring that the 1st Plaintiff, led by the 2nd to 4th Plaintiffs, is the legitimate Medical Professional and Allied Workers Union of Zimbabwe registered as such in terms of the Labour Act (Chap 28:01).
2. An order declaring that the 1st Plaintiff, led by the 2nd to 4th Plaintiffs, is the Medical Professional and Allied Workers Union of Zimbabwe referred to in section 2 of the Constitution of the 4th Defendant.
3. An order interdicting the 1st to the 3rd Defendants from purporting to be leading the 1st... More
This matter is concerned with a leadership wrangle in the first applicant. The leadership wrangle pits two factions seeking control of the first applicant against each other. The leading characters are the second to fourth applicants and the first, second, fifth and sixth respondents, respectively. These are either current or former members of the National Council of the first applicant. The first applicant is a trade union which represents the interests of employees in the medical and allied industry. It is duly registered in terms of the Labour Act [Chapter 28:01] (the Act). The third respondent is an employment council... More
This is an appeal against an arbitral award handed down on 2 December 2013, in terms of which the appellant was ordered to pay the respondent an amount of US$25 580,00 as damages for loss of employment, back pay and service pay.
The respondent was employed by the appellant as credit analyst. He had risen through the ranks from Accounts Clerk, Department Manager, to Credit Analyst. His contract of employment was terminated after disciplinary proceedings in which he was charged with misconduct, the charge being that of absenting himself from work without leave. More
[1] The respondent issued summons out of the High Court seeking an order for the release of its plastic bags which were being retained by the appellant, payment of the sum of US$157 350.05 representing the business it lost as a result of such retention and costs of suit on the scale of legal practitioner and client. The respondent also sought payment of interest from the date of issue of summons to the date of payment in full. More
This is an application for leave to appeal to the Supreme Court against the judgment of the Labour Court which declined jurisdiction to entertain an application brought before it by the applicant. The applicant had sought damages for discrimination in terms of s 5 (4) as read with s 89 (2) of the Labour Act [Chapter 28:01].
The Labour Court found that it could not be engaged as a court of first instance in a claim for damages made in terms of s 5 (4) as such a claim should be brought first to a Labour Officer for conciliation and... More
