The appellant who was employed by the respondent was dismissed after allegations of misconduct were raised against him. The respondent (employer) found him guilty and dismissed him.
The employee appealed against both the employer’s decision to find him guilty and to dismiss him. The employee also noted an application for review and the parties agreed that both the merits of the Review and the appeal be considered in these proceedings: More
This a court application filed by the applicant on 24 May 2022 seeking an order couched as follows:
1. The Deed of Transfer No. 538/2021 registered in the name of the second respondent in respect of a certain piece of land situate in the District of Salisbury called Stand 9064 Salisbury Township of Salisbury Township Lands measuring 754 square metres be and is hereby cancelled.
2. The Deed of Transfer No. 6176/2003 registered in the name of the first respondent in respect of certain piece of land situate in the District of Salisbury called Stand 9064 Salisbury Township of Salisbury... More
The applicant on 24 March 2022 filed an application number HC 2000/22. She cited the same respondents therein as herein. In application number HC 2000/22 the applicant prays for an order that Deed of Transfer Number 538/2021 registered in the name of the second respondent herein as therein should be cancelled and that the prior holding deed before its conveyance being Number 6176/2003 should be revived. The usual prayer for costs is made against the respondents. More
This is an appeal against the determination of an Appeals Officer appointed by the respondent in terms of s 8 of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006. The Appeals Officer upheld the decision of the Hearing Officer, who found the appellant guilty of misconduct and imposed a penalty of dismissal. More
The state alleged that on 27 April 2019, and at plot No. 84, St Faith, Rusape, Malven Muchedzi and the appellant, both and each or one or the other of them unlawfully took a black cow owned by Tafara Chitsike intending to deprive him permanently. On the same date appellant contacted Zvikomborero Ndedzo on his mobile phone informing him that he was selling a cow which had suffered a broken leg. Zvikomborero Ndedzo advised Peter Antonio Mutoniya through his mobile phone who agreed to buy the cow. On the same day at around 2000 hours, the appellant and his accomplice... More
1. Applicant appeared before first respondent (“the trial magistrate”) facing a charge of incitement to commit public violence.
2. Applicant did three things-all in one breath. He pleaded not guilty to the charge, amplified this plea with a defence outline, and excepted to the charge.
3. The sum total of the complaints raised in the exception was that the charge disclosed no offence cognizable at law.
4. The exception was dismissed by the trial magistrate who ordered the matter to proceed, subject to an amendment to part of the charge.
5. The ruling prompted applicant to file the present application... More
This is an application for reinstatement of an application for condonation for late noting of an appeal which was deemed abandoned in terms of the Rules of this Court Statutory Instrument 150 of 2017 (S.I.150/17). It is opposed. More
The applicant was employed by the respondent as a manager at its Kariba Branch. Sometime in October 2014 he was asked to sign a ‘Company Document and New Buying Policy’ ( the document). He refused to sign the said document .As a result of his refusal to sign the document he was charged with willful disobedience to a lawful order in violation of provisions of S4(b) of the Labour ( National Employment Code of Conduct ) Regulations , Statutory Instrument 15 of 2006.Disciplinary proceedings were conducted against him. He was convicted and was penalized with dismissal. Aggrieved by the decision... More
This is an opposed court application in which the applicant seeks the suspension of the council of the 1st respondent pending a forensic audit and that during such suspension the affairs of the 1st respondent be managed by the board appointed on 22 June 2023. The 1st and 2nd respondents opposed the application and raised some preliminary points. Likewise, the applicant has also raised some preliminary points. More
This is an urgent chamber application for stay of execution pending determination of a court application for rescission of judgment.
The application arises out of a judgment handed down by this court on 2 November 2021, under Case No. CIV ‘A’ 77/21. In that case, the court allowed an appeal by the respondent against a dismissal of her application for rescission of a default judgment granted in the Magistrates’ Court under Case No. M577/20. More
The plaintiff and the defendant where initially married to each other in 1985 in terms of customary law, but solemnized their marriage in terms of the Marriage Act [Cap 5:11] on 29 September 1994. They were blessed with four children of which only the last one Manhla Takudzwa Masuko born on 1 April 1996 is still a minor. Their marriage has irretrievably broken down. More
This is one such case in which condonation is sought for late noting of an application for rescission of a default judgment pertaining to a divorce order granted in the unopposed motion court on the 8th of April 2019 upon the applicant’s failure to attend trial.
Rescission of a default judgment in terms of r27 of the High Court Rules 2021 must generally be pursued within one month of a party getting to know of such judgment. Where a party has not sought rescission within the requisite time frame, then such party must to seek condonation first to be permitted... More
