This is an urgent chamber application in which the following order is sought:
“ IT IS HEREBY ORDERED THAT:
1. The first respondent his agents proxies and assignees be and are hereby ordered to restore forthwith to the applicants possession of Garth farm.
2. The first respondent, his agents and assignees be and are hereby ordered to forthwith vacate Garth farm upon being served with this court order.
3. Costs of suit shall be borne by such party or parties who oppose thus application jointly and severally the one paying the others being absolved.” More
: The appellant was arraigned before the Regional Magistrate, Mutare, facing allegations of attempted rape as defined in s 189 as read with s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] after a protracted trial the accused was convicted of attempted rape and sentenced to 10 years imprisonment of which 3 years imprisonment was suspended on conditions of good behaviour. The appellant was dissatisfied with the conviction and hence he lodged the present appeal. More
. The applicant is a son to the late Jayison Mukuro. He is however not born of first respondent. The first respondent is a surviving spouse of the late Jayison Mukuro. She was duly appointed executor of the Estate late Jayison Mukuro. More
The plaintiff and the defendant who are husband and wife respectively married each other in terms of the Marriage Act [Cap 5:11] at Harare on 22 March 2007. Hitherto the plaintiff and defendant had entered into a customary law union in 2004 which marriage they upgraded as it were in 2007. More
This matter came before us as an application for confirmation of the ruling of the applicant in a matter concerning the first respondent and the second respondents being Richard Mwanza and 22 others.
On the 24th of July 2015, the first respondent gave Richard Mwanza and 22 others, three months’ notice of intention to terminate contracts of employment between them. In the letters of notice to terminate, the first respondent indicated that the decision had been reached due to the declining company performance. More
Mr Mandevere appeared on behalf of the employer. He submitted that he was raising two preliminary points for determination by the court. The first was that the entity cited in the application and in the hearing is not a legal persona. The second issue was that the order granted by the applicant was not registrable as required in terms of the Act, as amended.
I will deal with the first issue. Mr Mandewere argued that the correct employer was the Zimbabwe Power Company which owns ZPC Kariba Football Club. He stated that ZPC Kariba FC did not exist. A reading... More
After hearing the application for confirmation that had been placed before me in terms of Section 93 of the Labour Act [Cap 28:01]the court issued an order on 1st of November, 2017 in the following terms;
“IT IS ORDERED THAT:
1. The 1st preliminary point is dismissed.
2. The 2nd preliminary point is dismissed.
3. The application for confirmation of draft ruling be and is hereby dismissed.
4. The draft ruling per Sabilika N.O. dated 22nd September, 2016 be and is hereby set aside.
5. There is no order as to costs.”
The 2nd Respondent having written to the Registrar... More
This is an application for the confirmation of a ruling which was made by a labour officer in a matter pitting the first respondent employee and the second respondent employer.
The law is clear in section 5 of the Labour Amendment Act that once a labour officer has made a ruling in a dispute of right brought before him by the parties he shall within a reasonable time apply to the Labour Court to have his ruling confirmed. This is what the labour officer who is the applicant in the case at hand seeks to achieve. More
On 9 December 2015 I made an order dismissing an application for condonation. On the basis that I did not find that the explanation given for the delay was reasonable and further that the applicant’s prospects of success on appeal were NOT good ones. More
The applicant was employed by the 1st respondent as a Constable in the Zimbabwe Republic Police. Applicant sustained certain injuries whilst on duty at Western Commonage Police Station. Although applicant received medical treatment the employer felt that a discharge on medical grounds was called for and applicant was so discharged on 5 August 2019. In so acting, the 2ndrespondent proceeded in terms of section 20 of the Police Act, Chapter 11:10. (The Act). More
This is an appeal against the respondent’s (employer’s) decision to find the appellant guilty of ‘Theft or fraud’. The factors which gave rise to the allegations against the appellant were that illegal panning activities were taking place in and around 9E30 Western Haulage at the employer’s mine. Security details and an overseer miner had detected illegal blasts in the section. An investigating team that was set up found that panning activities had taken place. More
This is an urgent application for stay of execution of a writ of ejectment and execution against moveable property issued on the 12 November 2020. The title of the application is “urgent chamber application for stay of execution pending an application for rescission of default judgment and application for condonation for late filing of plea and upliftment of bar made in terms of rules 241, 244, 247 of the rules of the High Court, 1971.” The parties are presently in litigation on several fronts. In his oral submissions, Mr Chivore, counsel for the 1st respondent said there are currently five... More
Applicant, a duly incorporated clearing agent registered with the first respondent, an administrative revenue collection authority, in terms of the laws of Zimbabwe, has approached this court on an urgent chamber basis, seeking an interim relief suspending the decision by the first respondent of suspending its agents clearing bond. The second respondent is the Minister, in charge of the Ministry responsible for health compliances at ports of entry at border posts. More
This Urgent Chamber Application was placed before me because the Chief Justice was not available to hear it. The application raised two questions for determination. The first question is whether an interim order suspending the operation of legislation compelling payment by a taxpayer of the amount of tax liable to be paid notwithstanding an appeal to the Fiscal Appeal Court or pending a decision of a court should be granted pending the hearing and determination of the main application challenging the constitutional validity of the legislation by the full bench of the Constitutional Court. The second question is whether an... More
The applicants were arrested and arraigned before the magistrates’ court on three charges of Money Laundering as defined in s 8(3) of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] and three counts of Fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. More
