At the conclusion of the oral submissions the court dismissed the appeal stating that the reasons would follow. The following are the reasons:
The appellant was employed by the respondent as a waitress. During the course of her duties she had occasion to attend to a customer who came in for breakfast with his invited persons. The customer, in appreciation of services rendered, wrote to the respondent via e-mail that he commended the respondent in a job well done. The respondent checked with the CCTV and documents and found that the appellant was the one who had served the customer.... More
The background to this matter is as follows:
The Respondents were being represented by Messrs Dube, Manikai and Hwacha. On 7 May 2013 Appellant filed her heads of argument and such heads were served upon Respondents’ legal practitioners. Respondents had 14 days within which to file its heads of arguments. For various reasons Respondents’ legal practitioners failed to file such heads of argument. On 4 June 2013 Respondents were served with a notice of set down to appear in this court on the 13th of June 2013. On 12 June 2013 Respondents’ lawyers filed a notice of renunciation of agency.... More
: The appellants and Linceman Usaihwevhu were jointly charged with one count of bribery. They pleaded not guilty. Linceman was acquitted at the end of the state case. The appellants were put on their defence and were subsequently convicted and each sentenced to 12 months imprisonment of which 2 months were suspended on conditions of good behaviour. The $1500.00 they had offered to the Police officer was forfeited to the state. More
The parties contracted a customary union in 2006. On 29 November, 2008, the parties upgraded their union into a Civil Marriage in terms of the Marriage Act, [Chapter 5:11]. The plaintiff had a daughter, Tadiwanashe, from a previous relationship while the defendant had two daughters from a previous marriage. There was no child born out of the marriage between the parties. The marriage certificate was produced as exh 1. More
The background of the case is that on 12 February 2013 Appellant was requested to relieve the Managing Director’s Secretary, Lauren Maungana in the morning. When Lauren came back in the afternoon she discovered that the Appellant had accessed her profile and forwarded personal emails and part of her CV to one NaumeNyaira. NaumeNyaira had sent a response which indicated that she had received the said information. Appellant had deleted the emails in question from the “sent” folder. Lauren reported to the Human Resources Manager who held a counseling session with the two in an endeavour to resolve the matter... More
The appellant was charged with and convicted on one count of stock theft. He had pleaded not guilty to the charge. The brief facts of the case are that the appellant is alleged to have connived with five others to steal the complainant’s two oxen from farm Number 195 Rowa West Zimunya, Mutare. He is alleged to have hired Antony Chinyamutangira to transport two slaughtered oxen from the Zimunya area, to his house. He is alleged to have taken Wedzerai Masunda, Charles Masvosva, Alfred Sando Louis and Paul Feausi to Antony Chinyamutangira’s house in Chikanga. Antony Chinyamutangira and the four... More
In July 2009, my brother HLATSHWAYO J, heard an application under case number HC 4327/08 as consolidated with another application under case number HC 2792/09. The parties to those applications were the Diocesan Trustees of the Diocese of Harare (as applicants) and the Church of the Province of Central Africa (as respondents). In this judgment I shall refer to the latter as “the mother church”. In that consolidated application, HLATSHWAYO J made an order declaring Bishop Dr Nolbert Kunonga and six others to be the Diocesan Trustees of the Diocese of Harare, a diocese under the mother church. It was... More
The facts in this case are largely common cause. Respondent was employed by the appellant. Following respondent’s termination of employment by appellant, the dispute between the parties ended up in arbitration. The issue before the arbitrator was to determine whether respondent was owed by the appellant in unpaid salaries. The arbitrator found in favour of the respondent. Appellant has appealed to this court. More
It is a common cause between the parties that after the decision was handed down in August of 2021 the appellant filed an appeal in the Labour Court. That appeal was never prosecuted to its finality. They responded argue that the appeal is still pending before the labor Court but the appellant argued that it was abandoned More
This is a matter where the respondent conceded before me that there were procedural irregularities in the manner the disciplinary hearing has been conducted though they did not file any response or heads of argument. More
This is an opposed chamber application for condonation of late noting of an appeal and extension of time within which to appeal in terms of r 43 of the Supreme Court Rues, 2018. More
This is an application for relief made in terms of s 85 (1) (a) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“the Constitution”).
The applicant seeks a declaration that its right to fair administrative justice provided for in s 68 (1) of the Constitution and its right to freedom of association in s 58 (1) of the Constitution have been infringed by the conduct of the first, second and fourth respondents arising from the issue of a summary notice on 22 February 2016 declaring Special Grant No. 4765 to be void. The applicant is also seeking an... More
This is an application for condonation for late filing of an application for rescission of default judgment that was granted by this court on 19 March 2015. It was granted in terms of Rule 22. The applicant failed to give a reasonable explanation for failing to file a response to the appeal that had been filed by the respondents. More
This is an application in terms of s 85(1(a) of the Constitution of Zimbabwe. The appellants allege that their constitutional rights as enshrined in ss 70(1(b), 70(1)(d) and 70(1)(c) have been violated through the manner in which criminal proceedings against them were conducted in the Magistrates Court sitting at Chivhu. They seek an order that the proceedings be quashed and a trial de novo ordered before a different magistrate. More
