This is an appeal against the judgment of the High Court of Zimbabwe ordering the return of all the goods belonging to the first and second respondent attached pursuant to a default judgment granted earlier by the same court against the second respondent. The judgment appealed against also ordered that the returned goods remain under judicial attachment until the finalisation of the proceedings between the parties. More
This is an urgent chamber application for a spoliation order. At the hearing, the applicant applied for an amendment to the order sought in its draft order which was granted. Having struck out the interim relief, the terms of the final order sought are now as follows;
“The application for spoliation be and is hereby granted. The status quo ante before the spoliation is restored and the 1st respondent and anyone acting, through them be and is hereby ordered to remove its fence over and to vacate the mining claim described as Mutaki, 10 Hectares Block, Goromonzi under Certificate of... More
Respondent was in the employ of Appellant, a firm of legal practitioners. Following the termination of her contract, Respondent approached the Ministry of Labour Offices. Attempts at conciliation failed and the matter was referred to arbitration. The arbitrator found in favour of Respondent. Appellant is not satisfied with this award and has appealed to this Court. More
This was an urgent chamber application for a stay of execution. I never got to determine it on the merits. That makes the facts of the dispute largely irrelevant. This judgment is primarily to explain the trajectory of the matter after it was filed. More
This is a consolidated matter between Cut Rag Processors and its employees. Luckson Zvenyika, together with Nyangawo and 13 Others were employed in different capacities by Cut Rag Processors “Cut Rag”. It was alleged that the employees engaged in an unlawful work stoppage. Zvenyika was the Chairman of the Workers Committee he was charged and upon conviction a penalty of dismissal was meted out. Zvenyika noted an appeal to the Grievance and Disciplinary Committee whose decision was that Zvenyika be reinstated from the date of dismissal without loss of salary and benefits. The employer Cut Rag dissatisfied by the order... More
Having held a pre-trial conference, I concluded the matter in favour of the plaintiffs by granting them the order prayed for which was in the following terms as per summons: More
This is an urgent application for stay of execution submitted to meon 11 November 2013. I directed that the matter be set down for 13 November 2013 in my chambers. In that day the first respondent filed his response where inter alia hepointed out that the matter had already been decided by my brother the HONOURABLE MANGOTA J in case No.8602/13. I instructed the registrar to supply me with that file and it was brought to my chambers.
Upon perusal of that file, I noticed that indeed the HONOURABLE MANGOTA J had dealt with the same application for stay of... More
The respondent sued the appellant in the Magistrates Court sitting at Gweru for payment of arrear rentals in the sum of US$5 081.89, interest and costs of suit. More
Sometime in 2010 or thereabout applicant and first respondent entered into an oral lease agreement in terms of which first respondent leased a certain shop known as Bali Shoes No. 28, Angwa Street, Harare. Since then the applicant has been in undisturbed and peaceful possession, use and enjoyment of the said shop.The applicant avers that on Friday 22November 2013, and in violation of the provisions of s 24 of the Commercial Premises (Rent) Regulations, 1983, the first respondent has unlawfully and wrongfully prevented the applicant from possessing, using or occupying the said shop. She claimed that first respondent’s conduct was... More
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
