Appellant was employed as a Truck driver by J and J transport. On 21 January, 2012, he was instructed to leave the depot at 6:00a.m to proceed with a copper convoy from Harare to Forbes. The Appellant then left the depot with his loaded truck and proceeded to Chitungwiza. Another driver who was supposed to form the convoy with him then rang the Operations manager, Mr Chipenzi and told him that he was alone at the depot and could not see the Appellant, whom he was supposed to form a convoy with. Other arrangements had to be made for that... More
This is an application for rescission of an order made in default by this Court against the applicant.The background is that sometime in 2015, the applicant was charged and dismissed from respondent’s employ for conduct inconsistent with the fulfillment of conditions of his contract and for disobedience of a lawful order. The applicant lost an internal appeal and referred the dispute to a Labour officer and subsequently to an arbitrator. The arbitrator set aside the decision to dismiss the applicant and ordered reinstatement. The respondent was aggrieved and lodged an appeal to the Labour Court under case number LC/H/1946/15. More
This is an application for bail on the basis of changed circumstances. The applicant is standing trial in the Regional Magistrates Court on one count of armed robbery and one count of illegal possession of a firearm in contravention of s 4(1) as read with s 4 (2) (b) of the Firearms Act [Cap 10:09]. More
On 14 December 2012 the applicant filed an application in this court seeking to obtain the order framed as follows:-
“It is ordered that:
1. Garnishee be and is hereby ordered to release all monies it holds in Commercial Bank of Zimbabwe CBZ Account Number 20051570077 or is owing to the judgment debtor; to the Deputy Sheriff Harare, until the writ of execution in case number HC 11077/12 is satisfied; and in any other accounts they may hold; on behalf of the debtor.
2. The judgment debtor shall pay costs of suit.” More
]This is an application for leave to appeal against a judgment of this Court to the Supreme Court. It is opposed.
[2]The facts of this matter are that one Joyline Teverashe, a subordinate ( the subordinate/complainant) of the applicant raised allegations of sexual harassment against him. The respondent set up a team to investigate t More
Plaintiff sued defendant by way of summons for the following relief;
a) An order evicting defendant and all those claiming occupation through him from plaintiff’s premises known as number 20 Saint Stephens Road, Meyrick Park, Harare.
b) Holding over damages in the sum of $500.00 per month with effect from 1 November 2011 to date of vacation on eviction and
c) Costs of suit on a legal practitioner-client scale. More
The respondent opposed the application and raised some points in limine. Firstly, it was submitted that the application is invalid since the form used does not exist. The applicant argues that since the application was to be served on interested parties Form 23 should have been used as required by r 60 (1) of the High Court Rules 2021. More
This is an appeal against the whole judgment of the Special Court for Income Tax Appeals, in which the court upheld the Commissioner General’s determination that Non Resident Tax on fees (“NRTF”) imposed by s 30 of the Income Tax Act [Chapter 23: 06] (“the Act”) as read with the 17th Schedule of the Act is applicable to intra-company payments pertaining to fees paid by a local branch to its head office for services rendered by the head office to the branch. More
The applicants are facing a charge of murder it being alleged that on 17 March 2012 and at Ashley Compound in Shamva they assaulted the deceased, Luxmore Chivambo using baton sticks, booted feet and clenched fists. They allegedly later took him, along with other individuals they had arrested, to Shamva Police Station where they continued the assault before detaining the deceased whose condition later deteriorated and he died on 18 March 2012 at Shamva District Hospital. They are also accused of violating s 89 (1) (a) of the Criminal Law Code [Cap 9:23]. More
This is an application for rescission of the judgment granted in default of the applicant in case number HC 2898/06. The background to this application is that on 22 October 2002 the parties entered into a lease agreement in terms of which the respondent leased to applicant property known as Unit 3 of Stand 4491 Lisburn Road, Harare. On 22 May 2006, the respondent issued summons claiming (a) the payment of $67 428 009.94, being the sum due to the respondent as arrear rentals plus interest, (b) holding over damages, (c) cancellation of the lease agreement and (d) ejectment from... More
This is an appeal against the whole judgment of the High Court handed down at Bulawayo in which it granted an interim interdict in favour of the first respondent. More
On 12th August 2016, the applicant and 1st respondent signed a joint venture agreement (JVA) which entailed the operation of a safari business by the applicant within the 1st respondent’s Doddieburn-Manyole Ranch. This joint venture would see the applicant, inter alia, marketing wildlife for purposes of safari hunting and keeping accurate books of accounts in relation to the hunts. The 1st respondent as the land authority had the responsibility of signing the TR2 forms after each hunt. The profits realized from the venture were to be shared in accordance with the terms of the JVA. More
This is an appeal against the decision of the Appeals Committee to uphold the decision of the Disciplinary Committee dismissing appellant from employment. Appellant, who was employed by the respondent was charged and convicted of various acts of misconduct. She was subsequently dismissed from employment. She appealed against the dismissal but was not successful before the Appeals Committee. She then appealed to this court. More
The two grounds of appeal upon which this appeal is based are that:-
- The Honourable Arbitrator misdirected himself which misdirection amounts to a point of law in his analysis of the facts thereby dismissing Appellant’s claim for Marker-in 1 grade 5 when Appellant was employed by Respondent as such
- The Honourable Arbitrator erred on a point of law in his analysis of the facts by dismissing the Appellant’s claim of the contra preferentem rule which is a trite principle of our law. More
