The applicant is a company duly incorporated in terms of the Companies and Other Businesses Act [Chapter 24:31]. The first respondent is an administrative authority responsible for the collection of taxes and is established in terms of the Revenue Authority Act [Chapter 23:11] (“the Revenue Authority Act”). The applicant was placed under corporate rescue in terms of the Insolvency Act [Chapter 6:07] and as a consequence, its affairs fall entirely under the administration of a Corporate Rescue Practitioner (CRP). More
Respondent introduced a fourth shift at the workplace and this led to different interpretations of the relevant Collective Bargaining Agreement (CBA) governing Respondent’s subsidiary. The matter was brought before the Works Council which ruled against the employees. The employees are dissatisfied and have approached the Court for relief. More
This is an appeal against an arbitral award.
The respondents were employed by the appellant in various capacities and claimed that as at 7 May 2014, they were owed salary arrears running from November 2010 to December 2013. They then approached the National Employment Printing’s designated agent for conciliation. Failing this, the matter was referred to arbitration.
The terms of reference for arbitration were;
1. To determine the quantum of outstanding salaries due to the claimants; and;
2. Determine when the amounts should be paid.
In defence against the claim, the appellant contended that there was no basis for the... More
I was assigned from the Supreme Court to the High Court specifically to hear this matter.
The trial was conducted over a period of two days, at the end of which it was agreed between the parties that the parties would prepare their written submissions and submit them by certain specified dates. The deadlines were not all met, a circumstance that contributed to the delay in the preparation and handing down of this judgment. More
This is an appeal against part of the judgment of the High Court of Zimbabwe (“the court a quo”), sitting as an appellate court at Harare, dated 9 October 2023. The part appealed against is the dismissal, by the court a quo,of the appellant’s appeal against both conviction and sentence. More
The appellant was tried, convicted and sentenced in the Provincial Magistrates court at Harare for the crime of Incitement to commit Public Violence as defined in s 187(1) as read with s 36 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to imprisonment for three years of which one year was suspended for five years on conditions of good behavior. The state allegations were as follows. On the 31 July 2018 the appellant was at the Harare International Conference Centre, (HICC) as an accredited local election observer representing the MDC Alliance political party awaiting... More
This application for summary judgment, which on the face of it, is based on an instalment sale agreement between the applicant and first respondent over property house stand number, 978 Wattle Close, West View, Kadoma, also known as number 978, of 960 Gatooma Township, Gatooma. More
: This application was heard on 21 March, 2017. After I had read documents filed of record and heard counsel, I delivered an ex tempore judgment in which I dismissed the application with costs. More
I have before me an application for review filed by the applicant on 25 August 2020 in terms of Rules 26 and 27 of the old High Court Rules 1971. Although four grounds were listed by the applicant in its application, on a proper examination, three grounds are discernible.The applicant alleged that there was a gross procedural irregularity surrounding the decision to cancel the applicant’s registration certificate, as it was not afforded the opportunity to be heard. It was further alleged that the 2nd respondent’s decision was irrational as no reasons were given as required by section 68 of the... More
Deceased estates are more often than not a common ground for disputes. This is one of such.
This is an opposed application where the applicant seeks for an order in the following terms:
“It is ordered that:
1. The purported sale of the immovable property being a certain piece of land situate in the District of Salisbury called stand 3828 Highfield Township by the Fifth Respondent to the second, third and fourth respondents be and is hereby set aside and the Agreement of Sale declared null and void.
2. The respondents and all those claiming title through them be and... More
In this application, the applicant seeks the eviction of the first and second respondents from mining claims situate at Ascotvale Farm, Mazowe District, Mashonaland Central. The order sought is couched in the following terms, that:
i. The first respondent (equipment, goods, property and other chattels) and all those occupying through them, be and are hereby directed and ordered to forthwith vacate from a mining claim namely Rosary 101 (Certificate of Registration Number 39061 named Rosary 101) registered in the name of the 1st respondent situate on Ascotvale Farm, Mazowe District, Mashonaland Central. More
At the initial hearing of this matter Mr Madzvamuse applied for a postponement of this matter to enable the finalization of an application for joinder filed under HCH 1110/24. The court granted that application and this resulted in the joinder of 554 other applicants to a matter wherein there were initially 300 applicants. More
This is an application for condonation of late filing of a rescission of judgment application. Default judgment was entered against the applicant employee on 9 October 2019 when he failed to attend court to prosecute his appeal. The condonation application is opposed by the employer whose view is that the applications lacks merit. The test for condonation of judgment is set out in Jansen v Acavalos 1993 (1) ZLR 216(S). More
Respondent was employed by Appellant on 25 August 2004 as a mechanic. In October 2005 Respondent went to work in Japan. Appellant alleges that by the time Respondent went to Japan the contract of employment had been terminated and Respondent had been given his terminal benefits. Respondent alleges that it is Appellant who sent him to Japan to work as a workshop foreman. Respondent alleges that it was a mere transfer and the contract of employment continued with the same terms and conditions as had been pertaining in Zimbabwe. Respondent further alleges that Appellant continued to pay his salary in... More
The matter was placed before me as an appeal conjoined with an application for review. Both matters were opposed.
The brief background to the matter is as follows:
The Appellant was employed by the Respondent as the General Manager of Z.T.S. On the 15th of September, 2010 he attended an Executive Management meeting chaired by the Chief Executive Officer of the Respondent, one DrMafoti. The Appellant was alleged to have committed acts of insubordination and disrespectful conduct towards DrMafoti. The Appellant however initiated a grievance procedure under Part 5 of the SIRDC Code of Conduct on 22 September 2010. The... More
