This is an appeal against a judgment of the Magistrates Court which was seized with determining the appropriate award between the parties, of the immovable property stand number 4078 Manyame Park, Chitungwiza after the dissolution of the tacit universal partnership between them. More
On 12 July 2018 after considering written and oral submissions by both counsel, I gave an extempore judgment dismissing the application for bail pending trial. More
The background to the dispute is decipherable from the applicant’s founding affidavit. It is as follows. The second respondent herein instituted action proceedings against the applicant under HC 11725/16 in terms of which the second respondent, as the plaintiff therein claimed against the applicant, as defendant in those proceedings, the sum of US$58 500 being the balance due in respect of some 1 500 army rucksack bags manufactured and delivered to the applicant herein at the applicant’s instance. The second respondent also claimed interest on the said amount plus costs of suits on a legal practitioner and client scale. At... More
The applicant has approached this court seeking a declaratur to the effect that she be paid what is owed to her by her former employer, the respondent, in United States Dollars. She also seeks that the court declares her employers’ conduct of seeking to pay her dues in Zimbabwean dollars unlawful. The application is opposed.
The facts of this matter are clearly straight forward and are not in contention. The applicant herein was formerly employed by the respondent on a contract basis as the Executive Director. Upon the termination of her employment contract she sought payment of her salary arrears... More
The applicant was employed by the respondent as an operations manager. Sometime in April 2021, the applicant was arraigned before a disciplinary committee over allegations of misconduct particularly that he had contravened Section 4 of the National Employment Code of Conduct which is; for any act, conduct or omission inconsistent with the fulfillment of the express or implied conditions of the employee’s contract of employment after having demanded books of accounts from one Mellisa Chikara and Sharon Jackson. The applicant was found guilty and subsequently dismissed from employment in May 2021. The applicant then appealed to the Labour Court and... More
This is an appeal against a decision made by a Designated Agent(DA).
The following are the grounds of appeal:
1. The arbitrator erred at law in convicting the appellant for fraud when circumstances showed that there was no intention to defraud respondent.
2. The arbitrator erred at law in imposing the maximum penalty of dismissal at first conviction without giving any reasons. The decision was arbitrary and ought to be set aside.
3. The arbitrator did not put into consideration the confirmation letter of employment flouting
the labor practice law on appellant’s part as evidence of an employee of Agri-Fresh... More
The three cases above listed were placed before me on automatic review. On 12 March 2021 I issued a directive that the records be transcribed because I had difficulties in reading the handwriting of the learned provincial magistrate T. Chifamba, Esquire. The learned provincial magistrate dealt with all the three cases at Bindura Magistrates Court on guilty plea procedure. All the three cases suffer from the same procedural defect in the proceedings. The learned provincial magistrate did not comply with the peremptory provisions of s 271 (3) of the Criminal Procedure & Evidence Act, [Chapter 9:07]. More
The Applicant is a former employee of the Respondent. He was employed as a Senior Auditor for the period of June 2008 to October 2018. The Respondent is a Public Office created in terms of the Audit Office Act, [Cap 22:18] and Section 309 of the Constitution.
It is charged with the primary oversight/assurance role by ensuring accountability within the three arms of government. The application placed before the court has been styled as an application for an order compelling the Respondent to comply with S 51(1) Public Service Regulations 1 of 2000. The Applicant has not outlined under which... More
This is an application for condonation of late filing of an application for review and extension of time within which to file the application for review.
The respondent took a point in limine before the main application was argued. The respondent raises in limine, that after filing the application with the necessary founding affidavit, the applicant then proceeded to file a supplementary affidavit. Such Supplementary affidavit, it was argued, ought to have been filed with the leave of court or a judge. It was submitted that the failure to obtain such leave, means that the applicant violated the Rules of... More
Appellant was in respondent’s employ and on the 10th October, 2018 was dismissed after having been found guilty of acts of misconduct in terms of the Public Service Regulations Statutory Instrument 1 of 2000. More
This is an application for condonation for late filing of an application for review and extension of time within which to file an application for review. It is opposed. More
On 26 February 2025 this court handed down an order dismissing with costs the applicant’s application for condonation for late noting of an appeal and extension of time within which to file the same. More
The plaintiff is the owner of house number 10 Capri Road, Highlands Harare (“the premises”) which he let out to the first defendant by written lease agreement signed on 15 October 2008 through the agency of Vercham Real Estate. The lease agreement expired on 30 September 2009. More
The delay in hand down of the judgement is sincerely regretted. This is an application for quantification of back pay/salary arrears and benefits. The application was filed pursuant to a judgment of the Supreme Court handed down on 24th November. The Supreme Court, through the judgment, allowed with costs the appeal against Applicant’s dismissal. As a result the court set aside and substituted this court’s judgment as well as the hearing officer’s determination of guilty on the charge as levelled. The Applicant was to be reinstated to his original position without loss of salary and benefits from the date of... More
As its name implies, the applicant is a housing cooperative society set up with the noble objective of providing accommodation to its members. The respondent is a member of the applicant. Stand 7296 Budiriro 4, is a property developed by the applicant and allocated to the respondent for his occupation. More
