This is an appeal that was filed on 2 December 2013. The background of the matter as given by the Appellants in their heads of argument in that the Appellants were employed by the Respondent in different capacities on different dates within its establishment. More
On 28th March 2014 this Court dismissed an appeal by Applicants having upheld points in limine raised by the Respondent. Applicants allege they were employed by Respondent on different dates. On 15th April 2010 Respondent entered into a franchise agreement in terms of which Applicants were temporarily transferred to Upridge Investments (Pvt) Ltd. Respondent disputed employing all the Applicants. On 30th September 2012 Arbitrator Lucas confirmed that the franchise agreement had been cancelled on 21st March 2012. Applicants alleged that their contracts of employment were terminated through a letter dated 28th January 2013. Respondent on the other hand alleged that... More
This is an application for the following declaratur in terms of s 14 of the High Court Rules Act [Chapter 7:06]
1. That the franchise agreement be and is hereby declared to have been terminated by notice given by the respondent on 31 March 2012. More
This is an application for a declaratur in terms of s 14 of the High Court Act. The background facts are that the applicant was employed by the respondent, Mashonaland Tobacco Company (“MTC”) under a fixed term contract from 2006, as a messenger in the stores and procurement department. It is the applicant’s contention that in 2009 his salary was reduced without his consent and knowledge. He also states that in 2015 his contract was changed from a fixed term contract to a seasonal contract. It is from this that the applicant’s grievance stems. In essence, the applicant’s complaint is... More
In this application the applicant seeks a declaratur nullifying the appointment of second to tenth respondents as provincial governors on the grounds that such appointments are ultra vires and or in contravention of the Constitution of Zimbabwe. The applicant also seeks such consequential declarations as may become necessary in the event that this court nullifies the appointments. More
The melancholic drama unfolding in this case makes one wonder whether these are the wages of marrying during the sacred month of November in apparent violation of a well-established Shona custom prohibiting marriage during that month. The first applicant’s intended marriage to the second applicant is mired in perpetual controversy and acrimony as the couple continues to be hounded by the first applicant’s marriage to the second respondent allegedly contracted on 21 November 2011. More
The background to this judgment is that the petitioner has approached the Supreme Court for certain relief and on Thursday 17 November 2005 the Supreme Court reserved judgment in the matter in which the petitioner seeks the nullification of the order of this court of 10 June 2002. As the presiding judge in the matter I was not cited as a party and therefore I could not formally place before the superior court my own view of the matter. More
The three applicants were arraigned before the Magistrates Court on three (3) counts of robbery. They applied for bail pending trial. The National Prosecuting Authority filed a response to the application in which it is not opposed to the granting of bail. More
On 30 September 2006 the parties entered into a marriage in terms of the Marriage Act [Chapter 5:11]. The couple were blessed with three children namely, Shamah Alisandra born on 24 June 2007, Jayden born on 14 September 2011 and Shalom born on 31 October 2016. Just over 12 years later, on 12 December 2018 plaintiff issued summons for divorce. More
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
