This is an appeal against the determination of the Appeals Committee which upheld the decision of the Disciplinary Hearing Committee to dismiss him from employment. More
This is a review of the decision by the Chief Executive Officer of the respondent company to dismiss appellant following charges of negligent performance of his duties.
The facts giving rise to the review application are that appellant who was in the respondent’s employ as a long distance truck driver was on 9 July 2013 charged with 2 counts of contravening the respondent Code of Conduct that is gross negligence and instigating or taking part in an unlawful job action.
The unlawful job action charge was eventually dropped and he was tried on the gross negligence charge. Following the disciplinary... More
Applicant, a self acto,r filed this application titled ‘Urgent chamber application for suspension of eviction and restoration of the application’. He sought in the interim the following relief:
“1. That the Respondents jointly and severally, the one acting the other be absolved, be and are hereby ordered to, immediately, unconditionally and at no any other cost to the applicant, upon being served with this order ,open the premises , being house number 32 Amersham Road, Paddonhurst, Bulawayo, and allow the applicant, his minor children and property move into the house and serve them from the extremely cold weather”.
Applicant claims... More
On 17 December 2005 the late Adbern Benjamin Woodburn Charumbira entered into an agreement of sale with first respondent for Stand 776 Fort Victoria Township of Victoria District, Masvingo. The first respondent was the seller. The purchase price was agreed at Z$ 2 200 000 000.00(two billion and two hundred million dollars only). The applicant paid some money towards the purchase price. More
This is an application for a declarator in the following terms:
1. “The appointment of the 2nd and 3rd respondents as Deputy Presidents of 5th Respondents by the first respondent’s Constitution be and is hereby declared as null and void.
2. The conduct of the first respondent of appointing 2nd and 3rd respondents as Deputy Presidents of the 5th respondent is in violation of the 5th respondent’s Constitution, be and is hereby declared null and void.
3. The respondents be and are hereby ordered jointly and severely the one paying and the other absolved to pay costs of suit on... More
This is an appeal against the Negotiating Committee’s decision upholding the dismissal of the Appellant by the Respondent.
The background facts to this appeal are as follows:-
Appellant was employed by Respondent as a security guard. The Appellant was found in possession of a cellphone while on duty. He was charged in terms of the National Employment Council for the Commercial Sectors Code of Conduct being the governing code at that time, as read with the Respondent’s standing Instructions. The Appellant admitted the charge he explained why he had the cellphone on that day. He was dismissed on that day.... More
An appeal has been received by the Supreme Court under SC 713/17 against this court’s order delivered on 12th September 2017. The Registrar of the High Court has requested this court for reasons for judgment in this matter for the purposes of appeal since no written judgment but an order was made. It is necessary that I give a brief background to this matter. More
After delivering my judgment relating to this case under HH 87/16, an appeal was lodged at the Supreme Court. The Appellate Court in its judgement under SC 47/2016 Ordered that:
(1) The appeals herein be and are hereby partially allowed
(2) The judgement of the court a quo be and is hereby set aside.
(3) The matter be and is hereby remitted to the court a quo for a proper determination of the special case before it.
(4) Each party shall bear its own costs. More
This is a matter that was referred to this court by a magistrate in terms of s 24(2) of the former Constitution of Zimbabwe, (“the former Constitution”).
The applicant was arraigned before a magistrate at Harare on a charge of assaulting or resisting a peace officer as defined in s 176 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The allegation was that on 14 December 2006, at Makomva Shopping Centre, Glen View 2, Harare, the applicant assaulted one Everisto Maponga, a Police Officer, who was performing his duty, by pushing him away with both hands. More
This is an appeal against an arbitral award issued by the Arbitrator on the 15th August, 2019 to the effect that:-
(1) the claimants claims for unfair dismissal be and is hereby upheld and respondent is hereby ordered to pay $375,00 as notice pay.
(2) the claim for unpaid salaries be and is hereby dismissed. More
The following is common cause. The 2nd respondent purchased from the 3rd respondent stand number 46 Murombedzi Growth Point, Murombedzi ‘the property’. The 3rd respondent is a Rural District Council. They entered into a lease with an option to buy agreement. On the 26th of May 2015 the 2nd respondent sold the property to the applicant in the sum of US$3 600.00. It was agreed as between the parties that, US$1 800.00 shall be paid in cash to the 2nd respondent on signature. The balance of US$1 800.00 was payable to the 3rd respondent to clear all outstanding arrears for... More
Appellant’s grounds of appeal read as follows;
“The Respondent was wrong in erring that I was sitting on a final warning before the alleged offence was committed.
I was never brought to a hearing where the Disciplinary Committee came up with a final warning. It is disputed.
The Respondent in terminating my services never got lenient given that I had served the company for nearly 20 years without any problem.
I feel it was really constructive dismissal as I was not reprimanded. If Respondent considered my service I would have either given a final warning or demotion either to general... More
The plaintiffs are husband and wife. On 26 February 2008, they issued summons out of this court seeking the declaration of nullity on the agreement executed between them and the second defendant with respect to number 45 Maviyani Street Mbare, Harare; the setting aside of the cession effected over the same property by the third defendant to the second defendant and costs of suit. The first and second defendants contested the action and in addition the second defendant filed a counterclaim seeking the eviction of the plaintiffs and all those claiming right of occupation through them together with costs on... More
There is a long standing dispute between the parties over the ownership of house no 372 Engineering, Highfield. Applicant avers in his founding affidavit that the house belonged to Luka Meda, the applicant’s grandfather. Luka Meda died intestate in 1989 and his estate was registered with the Master of the High Court in 1994 under DR389/94. Applicant’s father, Raphael Chirimuuta was appointed executor dative of the estate and he was issued with Letters of Administration for purposes of effecting cession of the rights, title and interest in the house into his name. He died before effecting transfer of the house... More
Siansimba is a campsite in the Zambezi Valley. It is owned by the second respondent. The second respondent is a statutory body set up in terms of the Parks and Wildlife Act (Chapter 20:14). It has multiple functions. They include, inter alia, the power or obligation to control, manage and maintain national parks, botanical gardens, sanctuaries, and recreational parks for the purposes specified in that Act. In this application, the applicant seeks a number of interim interdicts against the respondents. Against the first respondent, a private company duly incorporated in accordance with the laws of this country, the applicant seeks... More
