This is an appeal against the decision of Honourable Arbitrator Fidelis Matanhire that was handed down on 12 February 2016. The award states as follows:
“In light of the above arguments and evidence placed before me, it is my observation and determination that the Claimant was constructively dismissed and thus should be
(i) Reinstated without loss of salary and benefits or
(ii) If this is not possible, parties to negotiate for damages for loss of employment within twenty one (21) days from receipt of this award.
(iii) Thereafter, any party may approach this tribunal for quantification and registration of the... More
This case first came to my attention by way of an urgent application under case number HC 10767/17. The parties were cited as Mike Jiri and Giant Munsaka as the applicants. The respondents were (1) Magistrate Chakanyuka N.O. (2) The Prosecutor- General (3) Chief Magistrate Mishrod Guvamombe N.O. and (4) Tariro Gwatidzo. The urgent application was for a stay of criminal proceedings in the Magistrates Court, the reason being that applicants suspected that the Magistrate was biased against them; and as a result they had sought that she recuse herself for refusing to furnish reasons why she had dismissed their... More
What happened prior to this application is briefly this:
In case number HC 2795/11, the first three respondents herein obtained a provisional order on 21 March, 2011 against the fourth respondent herein which inter alia provided that “pending the finalization of the applicants’ claim against the respondent, the respondent be and is hereby barred and interdicted from making or selling an (sic) offering for sale or exporting any and all of the articles listed in the schedule hereto attached.” The provisional order was confirmed on 4 April, 2011. The effect of it was to authorise the deputy sheriff to retain... More
: The plaintiff issued summons in which he claims for an order setting aside the cancellation of an agreement of sale between him and the first defendant and an order for specific performance for the delivery of the property, being a flat called Block 12, Room 93, Mufakose Flats. He later, by consent, amended his claim by adding an alternative claim for damages if the relief of specific performance cannot be granted to him. During the trial and as the plaintiff gave his evidence he indicated that he was abandoning the claim for specific performance. As a result the outstanding... More
On 1 February 2013, I dismissed the applicant’s application for bail pending appeal. I gave ex tempore reasons for my decision. The applicant requested the written reasons for my decision. The following are my reasons. More
The defendant has entered a special plea of prescription.
The facts of the matter are as follows:-
On 9 June 1997 plaintiff and defendant entered into an agreement for plaintiff to lease Stand 4334 Westview Industrial Area, Masvingo on condition that he built buildings to the value of not less than $192 675.00 (Zimbabwean dollars) (Clause 4). The lease was for a period of one year and 6 months, from 1 June 1997 (Clause 1). More
On 31 August, 2010 I dismissed with costs an urgent chamber application on the ground that the matter was not urgent. The applicants have noted an appeal to the Supreme Court and have asked for the written reasons on which the dismissal was predicated. These are they. More
This was an appeal against eviction which we dismissed on 14 of March 2023. Written reasons have been sought and these are they. The background was as follows: Summons were issued in the court below by the respondent (as plaintiff) seeking eviction of the appellant (as defendant) from Stand 3709 Gillingham Estate, Dzivarasekwa, also known as Nehanda Housing Cooperative. More
This is an application for the granting of default judgment against the defendants who after filing a notice of intention to defend this action through the Civil Division of the Attorney General’s Office neglected to file their pleas resulting in them being barred from pleading hence this application. More
: On 25 October 2013 I declined to hear this application on an urgent basis and gave my brief reasons ex tempore to the legal practitioners of the parties. On 5 November 2013 I was informed by the Registrar as per the letter written by the applicant’s legal practitioners dated 5 November 2013 that the applicants have filed an appeal to the Supreme Court against my decision for refusal to hear the matter on an urgent basis. I was enjoined to provide the reasons for that decision. Here they are:- More
The applicant approached the court seeking an order compelling the respondent to comply with a specific portion of a divorce consent order under HC 12314/12 issued on 1st April 2014. More
The appeal was noted against an arbitral award handed down on 20 September 2011.
The background facts are as follows;
The Respondent was employed by the Appellant as a Truck Driver. He was engaged from the 25 August 2010 to the 28th October 2010. It is not clear from the record the status of his employment contract. The Appellant submits he was on probation contract a point disputed by the Respondent. The Respondent submitted he was on an (oral) contract without limit of time. More
The appellants have noted an appeal to this court against the whole judgment of the Magistrates’ Court sitting at Bulawayo on 2 October 2017.
The grounds of appeal are essentially these:
(a) The learned magistrate in the court a quo erred in dismissing the application for rescission of judgment.
(b) The learned magistrate erred in failing to appreciate that the default judgment was entered erroneously. More
