BHUNU JA: This is an appeal against the wholejudgment of the Labour Court(the court a quo). The order appealed against is dated 14 November 2018. That orderupheld the respondent’s objectionin limine to the effect that the appellant’s claim had prescribed. Consequently it dismissed the appellant’s application for condonation of late noting of appeal and extension of time within which to note the appeal.Aggrieved by the judgmenta quo,the appellant approached this Court on appeal for relief. More
This is an application for leave to appeal to the Supreme Court against this Court’s judgment of the 14th December 2012.
Appeals to the Supreme Court against decisions of the Labour Court are on a question of law. This is provided for in Section 92F (1) of the Labour Act [CAP 28:01] of the (The Act). More
On 12 July 2022, after hearing submissions by the parties on the special plea in bar in respect of plaintiff’s summons and declaration, I issued an ex tempore ruling upholding the special plea.
The plaintiff has requested written reasons. These are they;
On 13 May 2022 plaintiff issued summons against the defendant claiming ZWL $60 000 000-00 being damages for pain and suffering which arose out of an accident suffered by plaintiff while he was barring down a rock during the scope of his duties.
Plaintiff suffered injuries in his lumbar lordosis, central intervertebral disc, protrusion at LA, mild to... More
This is an application wherein the applicant seeks the following relief:-
“IT IS ORDERED THAT:-
1. The respondent shall forthwith release to the applicant the Crysler Lemis 300C Hemi motor vehicle seized from the applicant on the 21st October, 2009.
2. The applicant shall not be required to pay any duty or storage charge in respect of the motor vehicle.
3. The costs of this application shall be paid by the respondent on the legal practitioner and own client scale”. More
By a letter dated the 3rd of February 2010, Appellant was placed on suspension with effect from the 4th of February 2010. As contained in the letter Appellant was suspected of having committed an act of misconduct in terms of paragraphs 5,8,13(b)(c) and 24 of the First Schedule of the Public Service Regulations SI 1 of 2000 (the Regulations). More
In this case the applicant was convicted of negligent driving as defined is s 52(2) of the Road Traffic Act [Chapter 13:11] and sentenced, on 2 April 2023, to pay a fine. In addition, he was prohibited from driving classes 2, 3 and 5 motor vehicles for an unspecified period. His licence was cancelled and he was ordered to surrender the licence to the clerk of court. This is an application for the suspension of that part of the punishment which relates to the prohibition from driving, and cancellation of the applicant’s driver’s licence. At the hearing I was advised... More
This is an appeal against the determination of the Appeals Committee which upheld the decision of the Disciplinary Hearing Committee to dismiss him from employment. More
This is a review of the decision by the Chief Executive Officer of the respondent company to dismiss appellant following charges of negligent performance of his duties.
The facts giving rise to the review application are that appellant who was in the respondent’s employ as a long distance truck driver was on 9 July 2013 charged with 2 counts of contravening the respondent Code of Conduct that is gross negligence and instigating or taking part in an unlawful job action.
The unlawful job action charge was eventually dropped and he was tried on the gross negligence charge. Following the disciplinary... More
Applicant, a self acto,r filed this application titled ‘Urgent chamber application for suspension of eviction and restoration of the application’. He sought in the interim the following relief:
“1. That the Respondents jointly and severally, the one acting the other be absolved, be and are hereby ordered to, immediately, unconditionally and at no any other cost to the applicant, upon being served with this order ,open the premises , being house number 32 Amersham Road, Paddonhurst, Bulawayo, and allow the applicant, his minor children and property move into the house and serve them from the extremely cold weather”.
Applicant claims... More
On 17 December 2005 the late Adbern Benjamin Woodburn Charumbira entered into an agreement of sale with first respondent for Stand 776 Fort Victoria Township of Victoria District, Masvingo. The first respondent was the seller. The purchase price was agreed at Z$ 2 200 000 000.00(two billion and two hundred million dollars only). The applicant paid some money towards the purchase price. More
This is an application for a declarator in the following terms:
1. “The appointment of the 2nd and 3rd respondents as Deputy Presidents of 5th Respondents by the first respondent’s Constitution be and is hereby declared as null and void.
2. The conduct of the first respondent of appointing 2nd and 3rd respondents as Deputy Presidents of the 5th respondent is in violation of the 5th respondent’s Constitution, be and is hereby declared null and void.
3. The respondents be and are hereby ordered jointly and severely the one paying and the other absolved to pay costs of suit on... More
This is an appeal against the Negotiating Committee’s decision upholding the dismissal of the Appellant by the Respondent.
The background facts to this appeal are as follows:-
Appellant was employed by Respondent as a security guard. The Appellant was found in possession of a cellphone while on duty. He was charged in terms of the National Employment Council for the Commercial Sectors Code of Conduct being the governing code at that time, as read with the Respondent’s standing Instructions. The Appellant admitted the charge he explained why he had the cellphone on that day. He was dismissed on that day.... More
An appeal has been received by the Supreme Court under SC 713/17 against this court’s order delivered on 12th September 2017. The Registrar of the High Court has requested this court for reasons for judgment in this matter for the purposes of appeal since no written judgment but an order was made. It is necessary that I give a brief background to this matter. More
After delivering my judgment relating to this case under HH 87/16, an appeal was lodged at the Supreme Court. The Appellate Court in its judgement under SC 47/2016 Ordered that:
(1) The appeals herein be and are hereby partially allowed
(2) The judgement of the court a quo be and is hereby set aside.
(3) The matter be and is hereby remitted to the court a quo for a proper determination of the special case before it.
(4) Each party shall bear its own costs. More
