Applicants applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01` as read with Rule 43 of the Labour Court Rules S.I. 150/17. Respondent opposed the application. More
The applicant is a Minister of Government in Zimbabwe. He is in charge of, among other things, social welfare. Evidently not wanting to be left behind in this digital era, he contracted the first respondent to supply both the hardware and the software for a biometric or card-based platform to facilitate the administration of social welfare programmes to vulnerable groups in society across the country. More
The delay in the hand down of this judgement is sincerely regretted. The matter was placed before me as an application for the issuance of a disposal order. The application was made pursuant to Section 107 (1) of the Labour Act [Chapter 28:01] as amended. The application was opposed by 2nd Respondent and supported by 1st Respondent. Both Respondents appeared for a hearing on the 13th of July 2022. More
This is an application for condonation of late noting of rescission of judgment application at the instance of the applicant employer. Facts giving rise to the matter are that the respondent employee made his review application to the Labour Court in a case pitting him and the applicant employer. The employer failed to file its response to the review timeously and the matter was subsequently set down for hearing in terms of rule 22 Labour Court rules. More
The applicant seeks condonation for late filing of Notice of Response.
The respondent was dismissed from the applicant’s employment following a misconduct determination by applicant’s Disciplinary Authority on 25 February 2014. The respondent noted an appeal with this Court on 27 March 2014. The Notice of Appeal was served on the applicant on 2 April 2014. More
On 5th July 2012 this Court made an order. The terms of the order read as follows,
“Respondent having failed to file its response in terms of Rule 15 of the Labour Court Rules Statutory Instrument 59 of 2006: and further having also failed to show good cause for such failure to file a notice of response, a default judgment be and is hereby entered against the Respondent. The appeal is consequently allowed by reason of Respondent’s default.” (The underlining for emphasis is mine) More
This matter was set down before me as a rescission of judgment application by the employer of a judgment which was granted in default by the Labour Court in favour of the employee. Parties will in the entirety of this judgment be referred to as employer and employee to avoid confusing the record since the record is replete with the parties interchanging roles depending on what application was before the court at the various stages. More
This is an application for condonation of late filing of heads of argument in case number HC 3268/16 (the main matter) in contravention of order 32 Rule 238 (2a) of the Rules of Court. More
On 9 June 2020, applicants filed this application seeking the following order:-
“IT IS ORDERED THAT:
Judgement is hereby entered in favour of the Applicant and against the Respondents as follows:
1. The Respondents do (sic) and are hereby interdicted from selling land which belongs to the State in the name of Miracles of Heaven Housing Co-operative at retreat farm in waterfalls, Harare.
2. To return all Receipt Books, certificate of registration and by-laws of the 1st applicant.
3. The Respondents be and are hereby ordered to stop constructing or recommending construction of illegal structures in the name of first... More
This is an appeal against the decision of the Arbitrator where she dismissed the Appellant’s claim. Appellant was seeking to be substantively appointed to grade 11 (Senior Clerical Officer) a position which she claims had acted in for long and thus had a legitimate expectation to be appointed substantively to that position.
Facts of the case are that Appellant joined the Respondent Council as a general labourer grade 15/16 in 1999. In 2003 she had occasion to act in a capacity above her grade and received some acting allowance for that grade. During the course of that acting her superiors... More
The applicant registered a mining block known as Golden Mile 12 in 1995 with a registration number 23506.The applicant has religiously complied with all the necessary legal and statutory requirements for a valid registration. However, the validity of the registration is disputed, the 2nd respondent alleges that it was forfeited in June 2021.The forfeiture is subject to litigation.The applicant has been in occupation of the mine since 1995.In November 2021 the 1st respondent invaded the mine and advised all the occupants that he was the new owner. The applicant approached the Provincial Mining Director who advised the applicant that his... More
This is an appeal against the decision of the Magistrates court sitting at Masvingo ordering the eviction of the appellants from certain residential premises which they currently occupy on account of their employment with the Respondent company. More
This is a court application for a declarator made in terms of s 14 of the High Court Act [Chapter 7:06]. The applicant seeks the following relief:
a) That it be declared that the union that existed between applicant and the deceased being James Chigwedere was a putative marriage.
b) That it be declared that the applicant is entitled to inherit a certain piece of land situate in the District of Salisbury being remainder of Stand Number 3042 Glen Lorne Township Salisbury District measuring 14326,55 square meters in her capacity as the putative spouse and such property shall not form... More