Respondent was employed by appellant. Following allegations of misconduct, respondent was hauled before a disciplinary committee which found him guilty and ordered his transfer and reduction in rank in that he was to go to a non-school institution. The matter ended up in arbitration. The first arbitral award was in favour of appellant. Respondent appealed to this Court and the parties appeared before Justice Musariri. At that hearing the Learned Judge made an order for the matter to be remitted to the same arbitrator. Whilst appearing before the arbitrator the parties were not agreed on the terms of reference to... More
The Applicant instituted summons action against the Respondent for payment of sums of US$18 968-92; ZAR 19 492-95; BWP 1 037-12 and GBP 128,55 together with attorney and client costs, in respect of its funds which went missing while under the custody of the Respondent who was the church Treasurer for its Parktown congregation. More
: This is a court application for the eviction of the 1st and 2nd Respondents and all those claiming occupation through them from Stand Number 24629, Budiriro 4, Harare. The orders being sought are- More
Throughout the 2nd term we have been setting this matter down for trial. On each occasion the plaintiff’s counsel has been unable to attend either because he was in the Supreme Court or was not feeling well. More
The Respondent was employed by Appellant as a Handyperson grade B2. He was employed as from 1st December 1970 to March 2021. The Appellant is a High School which is run by the Methodist Church in Zimbabwe. Upon his retirement in March 2021 the Appellant paid out to Respondent his pension benefits from Old Mutual in the amount of $426 698.78. The Respondent however after carrying out a comparison of his entitlement to gratuity as provided under Section 20 of Statutory Instrument 102 of 2014 with the pension paid out realised that it was more beneficial to claim for gratuity... More
This is an urgent chamber application for stay of execution. The applicant seeks to have his eviction from mining claims, known as Godwin N held under registration number 48981 and which extend into a certain piece of land in Umzingwane District, being a remainder of Bushy Park, Umzingwane District owned by one Freda Khumalo but being leased to the fist respondent, stayed, pending the finalisation of an application for rescission of judgment. More
The applicant, Metron Chongani Makamba, an apparently brazen and incorrigible offender was convicted by the court of a regional magistrate at Masvingo in 2015 on numerous counts of robbery committed in aggravating circumstances as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The charges against the applicant were on three separate criminal record book numbers. The first was MSVR 250/15 on which the applicant was the sole accused facing two counts of robbery. The second was MSVR 252-3 where the applicant was jointly charged with one Energy Knowledge Jonasi with six counts of robbery.... More
This is an urgent chamber application wherein the applicant seeks an interim order compelling the first respondent grant a compensation offer letter containing the amount to be paid to the applicant’ lawyers i.e. Hove Legal Practice to the Applicant, an interim order barring the first respondents from carrying out, without applicant’s consent, any road construction works and interfering with the applicant’s rights of use, occupation and possession of any portion of the applicant’s immovable property situate in the District of Salisbury, measuring 3 860 Hectares called SUBDIVISION A OF MARSHLANDS OF DELFT OF HOPLEY (the property). On the return day,... More
The applicants approached this court through the urgent chamber book seeking an order in the following terms:
TERMS OF FINAL ORDER SOUGHT
1. That the warrant of execution issued by the Rusape Magistrates Curt under case number 57/14 be and is hereby suspended and rendered wholly ineffective pending the final and definitive determination of the High Court application proceeding instituted.
2. That the first respondent shall pay costs on a legal practitioner client scale. More
This is an appeal against an arbitral award.
The respondent was employed by the appellant in the capacity of finance manager with effect from 2004. During the course of employment, some contractual benefits were allegedly not paid from as far back as 2006. The respondent lodged a complaint claiming his outstanding salaries and benefits in or about June 2015. When the matter remained unresolved at conciliation, it was referred to arbitration. More
Three points in limine were raised by Respondent challenging Appellant’s grounds of appeal.
These were that:-
- The grounds of appeal 1, 2 and 3 are not properly before the Court as they are all on questions of fact.
- In the grounds of appeal, the parties are not properly set out.
- Appellant has approached the Court with dirty hands, as it did not comply with the directive given by the Arbitrator to the effect that he was to proceed with the matter on the merits. More
The applicant seeks the grant of a draft order in these terms:
“IT IS ORDERED THAT:
1. The respondent be and is hereby ordered to vacate certain piece of land situate in the district of Salisbury called stand 174 Merwede Township of Lot 1 of Subdivision D of Merwede of Glaudina of Subdivision A of Gillinghan, Commonly known as Exor Service Station, Snake Park.
2. The respondent to pay costs of suit.” More
This application is in terms of section 85 (1) of the Constitution of Zimbabwe Amendment Act (No.20), 2013 whereby the applicant seeks a declaratory order to the effect that the Petroleum (Mandatory Blending of Anhydrous Ethanol with Unleaded Petrol) (Amendment) Regulations, 2013 (No.1) otherwise referred to as Statutory Instrument 147A of 2013 is constitutionally invalid in that it violates his right to property as enshrined in s 71 (2) as read with s 71 (3) of the Constitution of Zimbabwe. It is an application between the applicant and the 1st Respondent, being the Minister responsible for the administration of the... More
On 11 September 2018, the first respondent, a local authority established in terms of the Urban Councils Act, entered into a consent order with the second to thirty-second respondents (“the respondents”) who are its employees. The consent order appears at p 114 of the record. It was issued under HC 6908/13. It allocated to the respondents stand numbers 3515to 3553 excluding stand numbers 3536 and 3552 of Valley Lane Plan TPX 1290, Crowborough, Harare. More
