This is an application for condonation for late noting of appeal. The applicant was employed by the respondent. Following allegations of misconduct, the applicant was brought before a disciplinary committee. The applicant was charged with gross negligence. It was alleged that the applicant had been entrusted with an amount of $18 000 which was to be paid to the respondent’s employees as salaries. It was averred that the applicant had alleged that he had left this sum of money at the spot where he had had a breakdown with the motor cycle he was using. The applicant had alleged that... More
On 19 January 2010 the applicant filed an application for condonation for the late filing of rescission of judgment granted in case NO. HC 6889/07 on 27 February 2008. The application was opposed by the respondent. More
The facts are that on 13 December, 2017, the complainant, Charles Chipimbiro was driving a Toyota Toyoace 3120 tonne truck registration number AEJ 3585 towards Harare along the Harare Bulawayo Road. More
The applicant partnership filed an application on 16 January 2012 seeking payment of US$31 249-24 from the first and second respondents failing which it sought an order against second respondent for him to register a first mortgage bond on stand number 62 Carrick Greagh of Carrick Greagh Township Section 4 of Borrowdale Estate held under Deed of Transfer Number 2995/2009 and if he failed, the deputy sheriff was to do so on his behalf. It also sought to interdict second respondent from disposing of, alienating, encumbering or in any way dealing with the immovable property in question and costs of... More
This is a joint application for leave to bring a class action as well as to compel the respondents to furnish requested information pursuant to the right of access to information brought in terms of Rule 89 of the High Court Rules, 1971.
The background facts are that sometime at the beginning of the year 2021, the first respondent commenced subdividing land which houses Rossa Clinic and which land is earmarked for the expansion of the clinic. The community through the applicants who are their representatives sent a delegation to the Chief Executive Officer of the first respondent to enquire... More
This is an application for condonation of late noting of an appeal. The application stems from the determination of a workplace Disciplinary Authority appointed in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006, (the National Code), in terms of which the applicant was found guilty of misconduct and dismissed from employment. More
The facts of the case that are not disputed if one takes into account the papers filed of record are that the Applicant imported Pre-Painted Galvanized Iron (PPGI) sheets that it uses to manufacture roofing sheets. Applicant then enlisted the services of the Respondent to do port clearance and transportation of the said sheets from the port to the premises of the Applicant in Harare. There was never any dispute or misunderstanding as regards the parties obligations in the contract. The Applicant met its side of the contract through paying the Respondent amounts that are not in dispute. The Respondent... More
On the 23rd January 2023 at Harare, the Registrar of Labour issued a determination which ruled as follows,
“1. The concrete products fall under CBA for Construction Industry as they have been dealing with concrete products.
2. The National Employment Council for Brick Making and Clay Products Manufacturing Industry continue operating but exclude all concrete products.
3. Both NEC to co-exist as primary and ancillary functions accordingly in terms of their scope of coverage.
I so determine.”
Then appellant appealed the ruling to this Court in terms of section 46 of the Labour Act Chapter 28:01 hereafter called the Act. More
It is clear that the parties are locked in dispute as to the extent of coverage of their respective sector or industry. The quoted statutory provision specifically refers such dispute to the Labour Court for determination.Respondent argued in general terms that the Labour Court is prohibited from issuing interdicts. The argument relates to the specific order which the Court may grant. That aspect of the case should be raised in due course when the parties deal with the merits of the case. The main point as appears from Section 46 is that this Court has jurisdiction over the matter. More
Applicant applied to this Court for “determination of extent or description of an undertaking of industry” in terms of Section 46 of the Labour Act Chapter 278:01 hereafter called the Act. Respondent opposed the application. More
This is an application for rescission of default judgment upliftment of bar and condonation of late filing of heads of argument. Respondent was granted an arbitral award in his favour on 25 September 2012. Applicant appealed against the arbitral award on 2 October 2012. There was no notice from the Registrar, in terms of Rule 15(2) of this Court’s Rules SI 59/06, to the Respondent. Nevertheless Respondent filed his response on 13 November 2012 which he says was served on Applicant’s legal practitioners on 14 November 2012. Applicant filed heads of argument on 17 January 2013. On 29 January 2013... More
The facts of the matter are that the applicant was employed as a truck driver by the second respondent in or around January 2011. On 4 September 2012, the applicant was charged with having committed acts of conduct or omission inconsistent with the fulfilment of the express or implied conditions of his contract in terms of S I 15 of 2006. This was in spite of there being a registered code. The applicant was found guilty and dismissed by the disciplinary hearing committee. This decision was confirmed by the internal appeals authority on 11 October 2012. The applicant proceeded to... More
The delay in the hand down of this judgement is sincerely regretted. On the 24th of July, 2024 this court issued an order to the following effect;
“1. Ground of appeal number 5 is struck off. 2. The appeal is dismissed with costs.
3. The judgement is to follow.”
The following constitutes the reasons for the order as granted. More
Applicant’s contention is as follows:- The application has been necessitated by the need for a final and definitive statement as to her status and rights on account of the refusal of the first respondent to entertain her request for confirmation of her status as a citizen of Zimbabwe by birth. She was born in Memphis in the United States of America (though she actually stated United States of America Zimbabwe in her founding affidavit). Her father was born in Zimbabwe whilst her mother was born in India but is a citizen of Zimbabwe. At the time of her birth, her... More
This was initially a contested trial which then proceeded as a stated case by mutual consent of the parties after filing a statement of agreed facts. The point of law taken up for argument revolves around the interpretation of s 282(2)(b) of the Urban Councils Act [Chapter 29:15]. More
