On 2nd August 2012 the NEC for the Tobacco Industry made a determination. It ordered that Respondent pay Appellant an NEC Grade 8 wage. Appellant then appealed to this Court. Respondent opposed the appeal. The grounds of appeal are couched in clumsy terms. However it became clear in oral argument that Appellant’s case was that the increment he was awarded by NEC is less than what he is entitled to. More
The applicants seek an order against the first respondent, which, in their draft order, is couched in the following terms:
“1) It is declared that WINSTON MASOWANI is the duly appointed Bishop of MOROTASHI APOSTOLIC CHURCH in terms of the provision of Article 8.1 (i) (a) –(f) and taking over the leaders (sic) of the Church following the demise of BISHOP AARON KAWANZARUWA.
2) The purported appointment of KURAI CHIKONYORA as the new Bishop of MOROTASHI APOSTOLIC CHURCH be declared to be in violation of the provisions of Article 8.1. (i) (a) – (f) of the MOROTASHI APOSTOLIC CHURCH Constitution... More
The respondent sought eviction of the appellant from House No. B35 on the pretext that he had bought the property. The court a quo granted the order sought and Appellant aggrieved by that court’s decision appealed to this court. We upheld the appeal with costs and below are the reasons for our decision. More
The plaintiff and the defendant were married in Harare on 10 June 2009 in terms of the Marriages Act [Chapter 5:11]. Prior to that, the parties were in a customary union the rituals of which were performed in or about December 1997. The parties have four children together as follows;
1. Laura Natasha born 19 July 1998;
2. Vimbainashe born 30 January 2003;
3. Anopaishe born 1 August 2010; and
4. Morris Taonanyasha born 18 January 2013. More
The Provincial Magistrate for Mashonaland Central, sitting at Bindura Magistrates Court, has referred this matter to the Registrar for review and directions. The plaintiff is cited as Morris Nyikadzino of Shenjere Shrine, Mazowe. However, his specific role and standing in the matter are not clear. The defendant is Hon. Richard Morgan Tsvangirai, the Prime Minister of Zimbabwe. The background to the case is as follows. More
The appellant was employed by the respondent as a Human Resources Superintendent on 1 November 2006. He was based at the Head Office in Harare. In February 2009 he was transferred to Renco Mine. His contract of employment provided for, amongst other things, locality allowance, leave bonus and a company vehicle which was to be fuelled and maintained by the company. More
1. This is an appeal against the whole judgment of the Legal Practitioners’ Disciplinary Tribunal (the Tribunal), handed down on 3 April 2019 in which it ordered firstly, that the appellant’s name be deleted from the register of Legal Practitioners, Notaries Public and Conveyancers, secondly, that the respondent’s law firm be placed under curatorship for the administration of its trust accounts and/or business accounts and thirdly, that the appellant pays all the expenses incurred by the respondent in connection with the proceedings. More
This is an application for default judgment. Respondent/defendants failed to enter appearance to defend plaintiff`s suit. In considering the default application, I noted a number of issues on the papers and invited comment from applicant council. Counsel duly obliged with written and oral submissions. Hereunder are the reasons for my ruling.
[ 2] I must, at the outset, tender my apologies to applicant and counsel. This matter has taken unduly long to finalise. It was but a chamber application. It ought to have been earlier disposed of. Regrettably, the matter was improperly cued up with other business on diary. Appropriate... More
This is an appeal against an order which was granted by the Magistrates Court. The appellant, then applicant, approached the court a quo with an ex parte application for stay of sale of a motor vehicle pending rescission of default judgment wherein the following interim relief was granted:-
“That pending the finalization of the Application for rescission of judgment filed of record, the respondent be and is hereby ordered not to sell the motor vehicle repossessed from applicant.” More
The two applicants are members of the Zimbabwe Republic Police (ZRP) who were convicted in the Magistrates Court of the offence of “Criminal abuse of office” (i.e. C/S 174 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23). The nub of the charge was that they unlawfully and irregularly released two suspects they had apprehended on drug related charges. Irregular in that such release did not conform with laid down police procedures. Following their conviction, they were each sentenced to 36 months’ imprisonment, six of which were suspended for 5 years on the usual conditions. More
The plaintiff issued summons against the defendant claiming $83 000 for money deducted by defendant from plaintiff’s guarantee account, $82 836.00 for loss suffered by the plaintiff at the instance of the defendant, $24 000 for loss of business, $12 000 for loss shop revenue, $7 000 being value of goods lost and $1 000 being a refundable money paid to statutory bodies, interest at 14.25% per annum from April 2015 to the date of payment in full and costs of suit. More
The applicant and respondent were married until 19 May 2022 when their marriage was dissolved in a divorce order granted by TAKUVA J.
That order provided the following, inter alia, in paragraph 3 thereof:
“House No. 1449 Mahatshula North Bulawayo be and is hereby awarded to the plaintiff and defendant on a ratio of 6:4 with the plaintiff being awarded 60% and the defendant 40% of the property. The plaintiff is awarded the option to buy defendant out of his 40% share in the property within 60 days of the granting of this order. The plaintiff shall pay the defendant... More
Appellant was in Respondent’s employ as a Security Guard. The brief allegations that led to his dismissal were that on the 1st June 2011 he reported for night duty at CBZ Bank Arundel Branch (Respondent’s client) while in possession of a cellphone. Possession of a cellphone whilst on duty was strictly prohibited in terms of Respondent’s standing instructions. More
The plaintiff and the defendant were customarily married to each other in 1976. They on 5 February 1993, upgraded their marriage to a civil one in terms of the Marriage Act (Chapter 37), now Chapter 5.11. Their marriage was blessed with 6 children who have all attained the age of majority. The plaintiff left the matrimonial home on 11 January 2009 to go and live with a girlfriend in Masvingo. He later issued summons suing the defendant for a decree of divorce and ancillary orders. More
On 7 March 2013 the parties hereto were divorced by this court and their matrimonial assets duly distributed between them. It is about the disposal of one asset, an immovable property, Stand No. 9406 Budiriro Township of Stand 11265 Budiriro Township (hereinafter referred to as “the property)” that the parties find themselves back in court again. Whilst each of the parties was awarded 50% share of the property, the respondent has remained in occupation since 2013 and the applicant is still to get his share of the award. In pursuant of his share the applicant has had a valuer appointed... More
