The Appellant lodged his appeal against the determination by the Negotiating Committee of the Commercial Sector handed down on 13 June, 2011, reversing an earlier decision by the Mashonaland Local Committee and upholding the employer’s decision to dismiss him from employment. More
This is a dispute involving the sale of mining claims. Plaintiff believed that he was entering into a very good deal with the 1st defendant being represented by the 2nd defendant. In actual fact, it turned out to be a very bad deal for him. The drama unfolded on 15 January 2007 when plaintiff and 1st defendant entered into a written agreement of sale in respect of four (4) gold mining claims being Gazemba 105 to 108, Copper Queen under Gweru Mining District.
The material terms of the agreement were as follows:
1. That the seller (plaintiff herein) sold to... More
Litigants are discouraged from taking advantage of the court’s intention to develop the jurisprudence of the law of review of proceedings of inferior courts and tribunals by making every effort to sneak onto the roll of urgent matters applications which do not meet the requirements of urgency. A fortiori when they, for some unspecified reasons, refrain from filing their urgent applications in terms of the law which relates to applications of the mentioned nature. They should not, in other words, read a case and, without applying their mind to it, entertain the view that the circumstances of that case, the... More
On 21 May 2021, the first respondent filed an application for a declaration in this court. This application was served on applicant’s legal practitioners on the same day. The legal practitioners failed to reach the applicants due to network problems. Applicants who were not aware of this development did not make any personal efforts to communicate with their legal practitioners as they believed there was no urgency to do so since there were no outstanding matters after the first respondent had withdrawn a matter she had filed against applicants under HC 6404/20. More
This is a court application for contempt of court. The applicant seeks that the respondents be held to be in contempt of court, and as a sanction thereof be ordered to pay a fine and to comply with the court order.
[2] The respondents in this contempt of court application are the Provincial Mining Director – Gweru and the Minister of Mines and Mining Development. At the commencement of the hearing, Mr Mutatu Counsel for the applicant informed the court that the respondents were consenting to the order sought. Mr Jukwa Counsel for the respondents confirmed that indeed the respondents... More
This is an appeal against the whole judgment of the Honourable Magistrate sitting at Murehwa Magistrate Court on 14 day of December, 2021.The appellant and the respondent are neighbors. The appellant resides in Chidziva village, under Chief Musana in Bindura. The respondent is a resident of Majero-Chitenga village, Chikwaka, Mrewa. The parties have been embroiled in a boundary dispute for a long time as they shared the same boundary. At one time Chief Chikwaka ruled in favour of the respondent. Later headman Chikosha also ruled in favour of the respondent. Headman Chikosha also wrote a letter to the Police confirming... More
The 14 applicants filed individual urgent applications against the same respondents. At the commencement of the hearing of these applications Mr Makoni who represented all the applicants applied for the consolidation of the matters so that the court can have a single hearing. The application for consolidation was not opposed. More
GUVAVA J: This matter was placed before me on a certificate of urgency on 7 March 2013 in terms of R244 of the High Court Rules, 1972. On 11 March 2013 I endorsed on the record that the matter was not urgent having formed this opinion after reading the application before me. By letter dated 14 March 2013 the applicant’s legal practitioners requested to appear before me and make representations with regards to the issue of urgency. I then requested the Registrar to set the matter down on 18 March 2013 so that I could hear counsel. More
This is a court application for an order Actio Communi Divendo. Put simply, any party with an interest in jointly owned property can claim the division of the joint property according to that joint owner’s share in the property. It is a requirement for the division of the joint property that the parties need to try to divide the property among themselves first, before approaching the Court for an action to divide the property, which action is called the actio communi dividendo. See Robson v Theron 1978 (1) SA 841 (A). More
This is an appeal against the whole judgment of the High Court handed down on 12 October 2016. In the judgment, the High Court found the appellants liable to the respondent More
The background facts to this matter are largely common cause. The respondents were employed by the applicant as security guards on fixed term contracts renewable every three months. Their duties were in respect to the applicant’s quasi fiscal activities which were finally wound up in the first quarter of 2011. The respondents’ period of employment ranged from 2007 and August 2008 to January and April 2011 when their contracts expired by effluxion of time and were not renewed. More
On 16th September 2011 the Honourable C Mesikano made an arbitration award. Amongst other things he ordered Appellant to pay Respondents an amount of US$9, 363, 362.18 with immediateeffect. Appellant then appealed to this Court against the award. Respondents opposed the appeal.
Two developments occurred in this Court which require recording. Firstly Appellant withdrew its Notice Of Amendment tothe grounds of appeal. The withdrawal was made orally at the commencement of oral arguments. Respondents had no issue/s with the withdrawal. That left the original grounds of appeal intact. Secondly both parties’ attorneys agreed to amend the citation of the parties... More
This is an appeal against the whole judgment of the Labour Court (“the court a quo”), dated 10 June 2022. The judgment was passed in respect of two consolidated appeals that were filed before it. In that judgment the court a quo upheld the respondent’s appeal against dismissal from employment and ordered his reinstatement or alternatively, the payment of damages in the event that reinstatement was no longer possible. More
In September, 2016 the applicant purchased the mining business from Old Nic Mine. It undertook to employ the mine’s former workers. Its undertaking was premised on the condition that the workers would not claim from it any money which was due to them from Old Nic Mine for the period that they were on unpaid leave. A majority of the mine’s former workers agreed to the condition. They were therefore re-engaged and their contracts of employment taken over and carried forward by the applicant. The respondents did not agree to the condition which the applicant proposed to others and them.... More
