This is a Court Application for Summary Judgment being made in terms of Rule 30 (1) of the High Court Rules, 2021. The facts are that on 4 May 2022 the respondent acknowledged its indebtedness to the applicant in the sum of ZWL$5 830 703.22 (Five Million Eight Hundred and Thirty Thousand Seven Hundred and Three Zimbabwean Dollars and twenty-two cents) being unremitted levies up to March 2022. On the same acknowledgment of debt, the respondent undertook to service the debt as follows:
a) May 2022 ZWL$ 1 685 174.34
b) June 2022 ZWL$ 1 685 174.34
c) May 2022... More
In an application for the review of the decision of the Registrar of Labour the 4th respondent raised a point in limine to the effect that it had been improperly joined to the proceedings. In response to that the applicant mentioned that there was no misjoinder taking into account the fact that it was the objection by the 4th respondent at the Registrar which birthed the Registrar’s refusal to register applicant’s CBA. It is clear from the record that had it not been for the objections by the 4th respondent the applicant’s CBA would have been registered by the Registrar.... More
After hearing argument, I granted the application and indicated the reasons will follow. These are they. This is an application for leave to execute judgment pending an appeal against the judgment dated 7 March 2007 given under case HC 3796/06. More
This is an appeal against the determination of the Registrar of Labour where he allowed the registration of the Progressive Engineering, Metal Trades and Allied Workers Union (PEMTAWU) in the face of opposition by General Engineering, Metal, Iron, Steel and Allied
Workers Union (GEMISAWU), National Engineering Workers Union (NEWU) and Automative and Allied Workers Union of Zimbabwe (AAWUZ). Background to the matter is that PEMTAWU applied for registration as a trade union in terms of section 33 of the Labour Act. Such registration was challenged by GEMISAWU, NEWU and AAWUZ. After hearing oral submissions and looking at documentary evidence tendered... More
This is an appeal against the judgment of the Labour Court (the court a quo) sitting at Bulawayo handed down on 31 May 2022 which ordered the appellant to pay to the first respondent the sum of ZWL 11 417 548.17 and to the second respondent the sum of ZWL 2 951 701.67. The court a quo ordered these amounts to be back dated increments on the salaries the respondents earned during the period 2002 to 2008, inclusive of interest at the rate of 5% per annum for 14 years. More
On 17 May 2011 I dismissed an urgent application wherein the applicant sought the following relief:-
“FINAL ORDER SOUGHT
It is ordered that:-
1. The Arbitration award by Arbitrator Chimhuka issued no 28 April 2011 be and is hereby registered as an order of this Honourable Court.
2. The Writ of execution issued by the Registrar on 23 April 2011 under case No. HC 1926/11 be and is hereby set aside.
3. Messrs Sakala and Company be and are hereby ordered to pay the costs of this application de bonisprepriis on a higher scale alternatively first, second and third respondents... More
The plaintiff claims damages based on the following common cause facts;
An entity known as Superbake trading as Trinpac Investments (Pvt) Ltd, [Trinpac] and Medworth Properties (Pvt) Ltd, [Medworth], applied for a credit facility from the plaintiff. Superbake agreed to transfer its rights, title and interest in Stand 10482 Seki Township, [hereinafter referred to as the stand], as security for the debt.The plaintiff commissioned production of a valuation report of the stand. A mortgage bond was registered over the property and the stand was valued at $250 000.00. Superbake defaulted. The plaintiff entered into an agreement with its debtor in... More
This is an appeal against an arbitral award handed down by Honourable T.C. Sengwe on 9 December 2014. The arbitrator ruled that the respondents were unlawfully dismissed and ordered their reinstatement to the appellant’s employment.
The brief facts of this matter are common cause. The respondents were employed by the appellant on fixed term contracts of employment. These were renewed monthly. The respondents’ employment was terminated when the contracts were not further renewed in 2014.
The respondents lodged a complaint with a Labour Officer,alleging unlawful dismissal. The matter was referred to arbitration, resulting in the arbitral award which is the... More
This is an application for leave to introduce evidence on appeal. The Respondents were employed by the Applicant. In 2009 Applicant introduced a retrenchment which the claimants accepted. A dispute arose regarding the payment of the retrenchment packages. The following issues were referred to arbitration. More
Applicant (“the employer”) has applied to this Court to uplift the bar operating against it as well as to condone the late noting of the upliftment of the bar in a case where it had appealed against a decision made by the arbitrator in favour of the Respondent (“employee”). More
KABASA J: This is an appeal against the whole judgment of the Magistrates’ Court allowing the respondent’s claim wherein she sought the eviction of the 2nd appellant from an immovable property known as house number 6209 Phase Two Garikayi/Hlalani Kuhle, Gwanda. More
The applicant and the 1st respondent executed a written agreement for the supply, delivery and installation of instrumentation, control and electrical equipment for the Mabvuku Ethanol Storage Tanks Project. The contract price was US$ 2 268 199.90. It was a material term of the agreement that the applicant would defray the 1st respondent’s costs for materials purchased for the project on production of an invoice, valuation report and interim certificate. The parties amended the agreement on two subsequent occasions in order to address the changes in the country’s monetary policy. The main effect of the amendments was to restructure the... More
At the conclusion of the oral submissions I allowed the appeal stating that the full reasons would follow. The following are the reasons.
Respondent was in theemploy of the appellant as a Business Development Manager on a fixed term contract. The contract of employment was due to terminate on 31 January 2014. The respondent alleged that she had a legitimate expectation to be re-employed and reported her matter which led to arbitration proceedings. The arbitrator found in favour of the respondent. The appellant is dissatisfied with the decision of the arbitrator and has approached this court for relief. More
The applicant approached this court for a rei vindicatio to recover a motor vehicle that was issued to the respondent as part of his conditions of employment with the applicant. The respondent’s contract of employment was terminated on 31 August 2020, and he was requested to surrender the vehicle. The respondent did not surrender the vehicle despite the request. More
This is an appeal against the whole judgment of the High Court(the court a quo) sitting at Harare, dated 30 November 2021, setting aside para 84 A of the arbitral award given under the hands of arbitrators retired Justice A. M. Ibrahim, retired Justice M. H. Chinhengo and Advocate F. Girach on 1 March 2021. Under para 84 A of the award the arbitrators declared that the agreement of procurement entered into between the parties did not have the prior approval of the Procurement Regulation Authority of Zimbabwe (PRAZ) as required by s 15 (1) and (2) of the Public... More
