This is an appeal against an arbitral award.
The term of reference which the arbitrator was to consider was,
“whether or not the employee is entitled to a retrenchment package and the remedy thereof.”
To determine this term, the Arbitrator considered both parties submissions. It was not an issue that the shop Appellant worked in, was closed due to non-viability of the shop. It was also not in dispute that Respondent offered Appellant alternative jobs which she refused to take. More
The second and third defendants counter-claimed for the eviction of the plaintiff and all those occupying through her. They also claimed payment of the sum of $10 413 000-00 as holding over damages from the date of transfer of the property into their names up to August 2004 and further, holding over damages at the rate of $1 million per month from September 2004 to date of eviction. More
: The plaintiff’s claim is for payment to him by the defendants of the sum of $3 000-00 being damages for shock, pain and suffering, contumelia and unlawful detention suffered by the plaintiff at the hands of the defendants who are alleged to have been acting in concert with each other. The defendants were sued in their personal capacities. The plaintiff also claimed interest on the said sum of money at the prescribed rate from the date of summons to the date of full and final settlement, and cost of suit. More
The applicant seeks relief by way of review. The relief sought is set out in the draft order accompanying the application and it reads as follows:
“IT IS ORDERED THAT:
1. The decision of the first respondent purportedly of the 5th January 2016 by which he purported to withdraw the offer letter given to the applicant in respect of subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen Forest Farm, Goromonzi District of Mashonaland East Province shall be and is hereby set aside.
2. Applicant’s rights in subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen... More
The people of this country repose their trust in persons whom they elect into Parliament and, in particular, those whom the President of Zimbabwe appoints to the office(s) of Vice-President, Minister or Deputy-Minister. It is for such persons who are collectively known as public officers that the people enacted section 106(3) of the Constitution of Zimbabwe Amendment (NO. 20) Act, 2013 (“the constitution”) during the constitution-making process which culminated in a referendum which Zimbabwe held in 2013. In enacting section 106(3) as they did, the people intended to have these public office bearers work in a transparent manner so that... More
This is an application for maintenance made in terms of the Deceased Person Family Maintenance Act [Cap 6:03] (hereinafter referred to as [Cap 6:03]). The application is opposed by the second respondent.
The applicant is the mother of the two minor children namely Tasimba and Keith Chingarire aged 11 and 12 years respectively. The two minor children are born to the deceased John Chingarire. The applicant and the late John Chingarire had a customary law union which was dissolved before the death of John Chingarire.
The first respondent is the Estate of the late John Chingarire represented by Mr F... More
Most issues relevant for the determination of this case are by and large common cause. The undisputed facts are that the first applicant Nyasha Chikwinya was allocated 84,027 hectares of State land at Pilgrims Rest Farm in the township of Hatcliffe situate in the district of Salisbury by the Government of Zimbabwe under the lawful authority of the third respondent being the Ministry of Local Government Rural and Urban Development. The applicant was given the land as compensation of land she had lost at the behest of the Ministry as duly confirmed by its permanent secretary Mr Shawatu. More
This is an application in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01] (the Act). The applicant ruled in favor of the employees. In response to the application for confirmation of the draft ruling, the employer raised several preliminary issues which it alleged were capable of disposing of the matter. More
This is an urgent chamber application which had been set down for hearing on 22 July 2021. Due to Practice Direction 6 of 2021 addressing COVID-19 Prevention and Containment, the hearing was cancelled and the matter is to be determined on the papers. Both parties filed their pleadings. More
The respondent is a holder of a 99 year lease agreement in respect of Maketo Farm also known as subdivision 23 of Battle Fields. The three applicants who are Nyasha Makumbe, Ernest Zimunu and Willard Muchemenye individually entered into 20 year lease agreements with the respondent in 2018 and 2019. More
On 28 May 2010 the plaintiffs, who are husband and wife, issued summons against the defendants who are also husband and wife. The claim in the summons was for the following relief:
“a) That the defendant be ordered to pay the plaintiffs, jointly and severally
one paying the other to be absolved the sum of USD17 888.00 together
with interest thereon calculated at the rate of 5.5% from the 8th of
December 2008 to the date of full and final payment.
b) That the defendants’ motor vehicle being a Mercedes Benz ML 320
Registration number 807 – 543N be ordered... More
The appellant was arraigned before the court a quo on a charge of obstructing or endangering the free movement of persons or traffic as defined in a 38(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state’s contention being that on 15 January 2019 along Mutare – Burma Valley Road near Saburi Business centre, Chigodora both Lovemore Marima and Nyasha Mungwashu or one or more of them placed some scrap metals, logs and stayed on the road with the intention or realising that there was a real risk or possibility of obstructing the road or endangering free... More
This is an urgent chamber application in which the applicant seeks an order interdicting the seventh respondent from disbursing the dividend due to a company known as Dahaw Trading (Private) Limited for the 2021/2022 financial year directly to the first respondent until the shareholding dispute in respect Dahaw Trading (Private) Limited is finalized. On the return date the applicant seeks the nullification of the appointment of the first to fourth respondents as directors of Dahaw Trading (Private) Limited and the cancellation of the forms in terms of which these respondents were appointed as directors. Applicant also seeks an order that... More
This is an application for condonation of late noting of an appeal by the applicant employee. The employer is opposed to the grant of the condonation relief. The employee’s case is that he erroneously filed for review which application was consequently dismissed. He says due to his self-acting status he wasted the dies inducia for noting an appeal pursuing the ill-fated review application. He contends that he has a merited case on appeal. His argument is that theemployer casualties his labour and later replaced him with another employee where he legitimately expected to have his contract of work continue. It... More
The plaintiff issued summons against the defendant claiming payment of the sum of US$2 800.00 being the amount due and owing in terms of an acknowledgment of debt signed by the defendant on 13 July 2009 in terms of which the defendant undertook to make full payment to the plaintiff by 30 September 2009. Despite demand the defendant has not met this obligation. The plaintiff also claims interest at the rate of 5% per annum calculated from the date of service of summons and costs of suit on the legal practitioner – client scale. More
