The appeal is lodged as against the determination by the Respondent disciplinary authority/committee handed down on 24 August, 2010, finding the Appellant guilty of “Gross negligence” (Section 2.3 of Collective Bargaining Agreement: Transport Operating Industry Statutory Instrument 94 of 95 and consequently imposing a dismissal penalty. More
On the 20thJuly 2018, the first respondent instituted legal proceedings against the applicant under HC 6771/18 where the first respondent sought an Order compelling the applicant to transfer stand 456 Prospect Township of Stand 85 of Prospect to him. According to the first respondent the parties had entered into an agreement of sale of the property and had paid the purchase price in full. On the 23rd July 2018 the first respondent allegedly served the application on one Crispen and using a certificate of service certified by a legal practitioner the first respondent applied for default judgment which was grantedby... More
An order dismissing this appeal with costs was made with reasons to follow. These are they.
This is an appeal against the decision of the respondents’ disciplinary authority dismissing the appellant from their employ. The dismissal was pursuant to the conclusion of disciplinary proceedings which were conducted against him. He was disciplined for:
“(i) Improper performance of duty …;”
and
(ii) Any act or omission which is consistent with or prejudicial to the discharge of official duties including abuse of authority.”
This were violations of paragraphs 2 and 24 respectively of the first Schedule of the Public Service Regulations Statutory,... More
This is an appeal against the decision of the arbitrator where he ruled that the appellant employee had been rightly found guilty of theft and dismissed from employment. Facts of the matter are that appellant who was in the respondent’s employ was sent to bank respondent’s cash. He was however handed back R10000 of the money he had taken to the bank. The teller however recorded that the full amount of R32000 had been banked yet R10000 had gotten back to appellant. More
This matter came before me as a stated case for argument. After hearing the parties I granted the order sought and indicated that my reasons would follow. I now set them out.
On 23 November 2000, the plaintiff issued summons seeking the ejectment of the defendant from certain residential property whose street name is no 509 ULC Area 13 Dangamvura Township, Mutare. The claim for ejectment was resisted by the second defendant. More
This was an application for review. The second respondent was a provincial magistrate. At all relevant times she was stationed at Zaka, one of the districts in the Province of Masvingo. It was the proceedings before her in the court below that were brought on review. On 25 August 2017 she granted a rule nisi ex parte. It was a provisional order of spoliation against the applicants herein [respondents therein], in favour of the first respondent herein [applicant therein] [hereafter referred to as “Mutema”]. The alleged spoliation was in respect of certain business premises situate Nyika Growth Point, Bikita, namely... More
The applicant’s legal practitioners have noted an appeal against the order granted on 23 February, 2011 dismissing her application. They have requested for the reasons for the dismissal of the application. These are they. The applicant was initially a self-actor. She appeared in person on 2 February 2011 and applied for the postponement of the matter to enable her to secure legal representation. I duly granted her the indulgence which she had sought and postponed the hearing to 23 February 2011. More
This is an application for leave to appeal to the Supreme Court against an order by this court declining condonation for late noting of an application for leave to appeal to the Supreme Court.
On the 19th May, 2010 after hearing an appeal by Applicant this court reserved judgment which judgment was then delivered on the 3rd December, 2010. More
This is an application for bail pending appeal. The application is opposed by the state on the grounds that there are no reasonable prospects of success on appeal against both conviction and sentence. More
1. On 1 November 1982, plaintiff was invited by City of Harare to submit an offer to purchase stand 7520 Salisbury Township, known as 37 Benghazi Road. More
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
On 30 June 2023, a judgment was granted in favour of the respondents in this matter by the Magistrates Court. This judgement dismissed the applicant’s entire claim for defamation under case 376/22. It is this judgement that the applicant wishes to appeal against. Following delivery of the judgement, applicant filed its appeal under CIV “A” 199/23 against the judgment in its entirety timeously. However, this appeal was struck off the roll due to the court finding it defective as it did not contain a request for the success of the appeal. Consequently, after the striking off of the appeal on... 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
