The now appellant was the applicant before the court a quo. The brief background is that he met the respondent in 2008 and they contracted a customary law union in 2016 and separated in or about December 2019. Three children were born to them being:
i. Simbarashe Mangwengwende, a boy, born on 20 April 2010.
ii. Akudzwe Kateve Mangwengwende, a boy, born on 18 June 2012; and
iii. Tawana Chidiwa Mangwengwende, a girl, born on 3 July 2015.
Upon separation of the parties, the children remained in the custody of the respondent. Having been denied custody, the appellant lodged this... More
The applicant filed an urgent application wherein it seeks an order in the following terms:
TERMS OF INTERIM ORDER
1. Pending the determination of case number 6909/10, the respondents be and are hereby ordered to give the applicant forthwith vacant possession of its business premises at number 1 Manchester Road, Industrial Area, Chinhoyi and all its property thereat. More
This is an appeal against the decision of an Arbitrator sitting at Harare. The grounds of appeal are as follows:
1. “The Honourable Arbitrator erred and grossly misdirected himself when he ruled that the application by Claimant was out of time as if conducting of the hearing was supposed to be initiated by Claimant. The onus to discipline is upon the employer (Respondent) hence he is the one who failed to constitute a disciple nay (disciplinary) committee on time in terms of the provisions of the ZIMRA Code of Conduct.
2. The Honourable Arbitrator grossly misdirected himself at law in... More
This is an appeal against the decision of an Arbitrator. The background to the appeal is as follows
The appellant was employed by the Respondent. He was charged with wilfully applying a wrong use, or unauthorised purpose to assets or property; or alternatively carrying out an act which is inconsistent with the express or implied conditions of the employment contract. More
The plaintiff brought a claim for $181 273.00 against the defendant, its former farm manager. The defendant has in response, filed a claim in reconvention amounting to $123 259.75. The parties will for ease of reference, be referred to as plaintiff and defendant. More
This matter is brought by way of referral in terms of s 24 (2) of the former Constitution of Zimbabwe (“the former Constitution) which provides as follows:
“24 Enforcement of protective provisions
(1)…
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous... More
On 21 April 2020 I presided over a bail application by the applicants under B84/20. I dismissed the application. This application is a follow up application citing changed circumstances. More
This is a Court Application for contempt of court, in particular the High Court Order issued against the respondents by JUSTICE FOROMA, sitting at Harare on the 18th December 2019 under HC 8736/19. This application for civil contempt is based on the fact that the actions and conduct of the respondents are both willful and mala fide in their refusal or failure to comply with an order of this court. More
The applicant is a male adult and a national of Rwanda. He came into Zimbabwe with his mother and siblings as a 12-year-old refugee in 2007. He alleged that the family fled from internecine violence which was rocking Rwanda at the time. He averred that his father and several of his relatives were shot at, maimed and some killed with machetes. The applicant and his family members were accorded refugee status as provided for under the Refugees Act [Chapter 4:02] and were subsequently granted refugee status. The applicant was registered on his mother’s refugee status card and the family was... More
Respondent was charged of theft of company property in terms of the Appellant’s own internal Code of Conduct. Criminal proceedings were instituted and he was convicted. The disciplinary proceedings found that on the basis of the evidence before the Committee, it was not possible to conclude that Respondent had stolen the motor in question. He was however found guilty and dismissed on the basis of the conviction in the criminal matter.
Appellant’s own internal Code of Conduct was registered in the early 1990s. the National Employment Council (NEC) registered a Code of Conduct for the Industry in 2012. More
On 20th February 2012 the NEC for the Clothing Industry made a determination. In terms thereof it dismissed Appellant’s appeal against her dismissal from employment by Respondent. Appellant then appealed to this Court against the NEC’s determination.
Appellant worked for Respondent as a Production Supervisor in Harare. In that capacity she had access to labels, trims and zips. Respondent makes clothing products forTruworths. The merchandise is identified by labels. The label is the brand or “signature” of Respondent. One hundred and nine (109) such labels were found at Appellant’s house. Investigations carried out showed that Appellant and a colleague took... More
This is an appeal against a decision of the Magistrates Court wherein the first respondent was awarded an order to evict the first and second appellants and all those claiming occupation through them, from stand number 7006 Retreat, Waterfalls, Harare. More
This is an appeal against the manner in which the appellant and the respondent parted ways. Before the hearing commenced the court inquired of the appellant’s counsel on what decision was being appealed. Counsel for the appellant advised the court that it was the decision of the hearing officer which was being appealed. The decision (dated 2 December 2020) reads and I quote: More
Parties herein are husband and wife. The plaintiff seeks divorce and ancillary relief against her husband the defendant whom she married in accordance with customary law rites in 2004 and wed in terms of the Marriage Act More
This is an application for condonation of the failure to file an application for reinstatement of an appeal in terms of r70 (2) of the Supreme Court Rules 2018. If condonation is granted to the applicant it would like to then file an application for reinstatement of an appeal which was regarded as abandoned and deemed dismissed in terms of r37 (2) of this Court’s rules. More
