TAKUVA J: The plaintiff in this matter instituted summons seeking the following relief;
1. An order that the Defendants pay the Plaintiff the sum of USD 200 000.00 (Two Hundred Thousand United States Dollars), jointly and severally the one paying the other to be absolved, being defamation damages suffered by Plaintiff on account of defamatory and false report by the first Defendant to the second Defendant wherein first Defendant maliciously lied that Plaintiff had sexually assaulted her for over 18 years and the allegations were republished and or allowed to get to the unintended public and media by the first... More
This is an appeal against a decision by the Respondent’s Appeals Authority upholding an earlier determination by the Disciplinary Committee to dismiss the Appellantfrom employment.
The background facts in this case are as follows;
The Appellant was employed by the Respondent as the National Purchasing Coordinator. On the 20th of January, 2012 Appellant was suspended without pay and benefits following allegations of violations of Section 4 (a) and (d) ofthe Labour Act (National Employment Code of Conduct Regulation 2006), StatutoryInstrument 15 of 2006 that is ‘Any act of conduct or omission inconsistent with the fulfillment of the expenses or implied... More
The Appellant was employed by the Respondent at the Chipinge Depot. When a spot check was conducted on the 26th of July 2012 some cash shortages were discovered. He was then charged under clause 2:4.4.1 of the Code of Conduct. It was alleged that he falsified documents with fraudulent intent, it was alleged that he was using cash generated from the sales of the following day to cover shortages of the provisions day. Appellant was also charged under clause 2:4.6.1 of the Code i.e. “wilful loss or theft” More
This is an appeal against the dismissal of the appellant’s claim of ownership of property that was attached by the Messenger of Court in a case in which the third respondent was cited as the judgment debtor. More
This is an application for the confirmation of a ruling in the matter between Godfrey Madondo and Sun Gold Syndicate. Sun Gold is in support of the confirmation while Madondo is opposed to same. The background to the matter is that Madondo was engaged by Sun Gold as a plant manager from 1st January, 2021. After serving Sun Gold for about a year Sun Gold purportedly terminated his service on notice. Madondo was aggrieved by the termination and took his matter up with the Labour Officer. Before the Labour Officer he claimed that he had been unlawfully dismissed from employment.... More
1. This is an appeal against the decision of the High Court (the ‘court a quo’) dated 6 August, 2021 in which it dismissed the appellant’s application for a declaratory order. Dissatisfied, the appellant appealed to this court for relief. After hearing submissions from counsel, this court allowed the appeal with costs, set aside the judgment of the court a quo and remitted the matter for a hearing de novo before a different judge. It was indicated that the reasons for this order would follow in due course. I now proffer the reasons hereunder. More
This is a court application seeking an order in the following terms;
“IT IS HEREBY ORDERED THAT:
1. The judgment debt, costs and interest obtained by the 1st respondent to the amount of ZAR252 356.38 in case No. 420B/18 has been paid in full and final by the applicant’s deposit of ZWL23 000-00.
2. The applicant’s property attached for execution of judgment debt by the 2nd respondent be released immediately.
3. 1st and 2nd respondent pay applicant’s costs on a higher scale the one paying and the other to be absolved.” More
This is an application for bail pending trial. Applicant is facing ten counts of contravening section 126 of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegations are that between the periods extending from 12 July 2019 to 20 August 2020, the applicant embarked on a spree of armed robberies in Bulawayo. It is alleged that he was targeting various taxi operators whom he would rob of cash and other valuables after threatening to shoot them with a pistol. It is alleged that on arrest the police recovered an unregistered FN pistol in his possession. Again, it is... More
This is an application for condonation of late filing of heads of argument. It is common cause that at the commencement of litigation between the parties applicant was represented by a trade union representative. At some stage during the litigation process, the trade union representative decided to engage the services of a legal practitioner. This firm of legal practitioners was styled Macheyo Law Chambers. It is also common cause that at a later stage, applicant’s current legal practitioners came on board and represented the applicant. During this litigation process respondent caused to be served on Macheyo Law Chambers a notice... More
The case itself has a chequered history being a labour dispute that has gone backwards and forwards as the parties bickered over either the procedure adopted or the choice of arbiter. The appellant was employed by the respondent as its Managing Director. He was suspended from employment in April 2010 on allegations of gross incompetence and gross inefficiency under s 4(f) and (h) of the National Employment Code of Conduct, S.I. 15 of 2006 (the National Code of Conduct). More
The plaintiff issued out summons against the defendants for the payment of
“a) General and special damages in the sum of US$32 500 arising from a road accident caused by the negligence of the 2nd defendant whilst in the course and scope of his employment with 1st defendant.
b) Interest on the above amount at the prescribed rate of 5% per annum from the date of judgment to the date of full and final payment.
c) Costs of suit.” More
This is an application filed under a certificate of urgency. Applicant seeks the following relief:
“Terms of Interim Relief
1. It is ordered that the respondents are hereby interdicted from dealing in any manner whatsoever with the property presently registered in the 1st respondent’s names and held by her under Deed of Transfer 1450/2019, which may result in the said property being transferred to another party.
2. The 1st respondent be and is hereby ordered to return the status quo ante prevailing in respect of applicant’s occupation of plot 4 Fairstar, Bulawayo.
3. The 3rd respondent be and is hereby... More
This application purports to be a chamber application for directions. The order sought in the draft order is in the following terms:
The respondent be and is hereby directed to complete the draft ruling in terms of the Labour Act (Chapter 28:01) Amendment No. 5 of 205 and issue a certificate of settlement to enable the applicant to register his names in terms of the Labour Act section 10(6) and proceed to arbitration.
2. There shall be no order as to costs.” More
