In a judgment handed down on 12 May 2015 Justice Smith (Retired), found the appellant guilty of various acts of misconduct, in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006. The retired judge was the Hearing Officer in a disciplinary hearing convened by the respondent, to determine various allegations of misconduct levelled against the appellant, during his tenure as General Manager Finance, Zimbabwe Broadcasting Holdings (Pvt) Ltd. Consequent to his conviction on the charges of misconduct, the respondent’s Board of Directors terminated the appellant’s contract of employment. More
The appellant was convicted on his plea of guilty to contravening s 28 (2) of the Firearms Act [Cap 10:09]. He was sentenced to pay a fine of Z$2 000 or in default, four days imprisonment. He now appeals against both conviction and sentence.
The agreed facts were that on 29 September 2006 and at 2030 hours the appellant drove along Harare-Bulawayo road and upon reaching Selous Shopping Centre he parked his Isuszu KB 250 pick-up truck. He disembarked from the motor vehicle and went into the shop. Upon his return he discovered that his pistol had been stolen from... More
At the commencement of the proceedings, 2nd Appellant informed the Court that Appellants were waiting for a Mr. Mangwende who was coming to present the matter on their behalf. Mr. Mangwende’s motor vehicle was alleged to have broken down near Mutare. The Court inquired from 2nd Appellant whether this Mr. Mangwende was a legal practitioner or trade unionist. It turned out that he was neither. The court informed 2nd Appellant that in the result Mr. Mangwende could not present their case having regard to the provisions of section 92 of the Labour Act. Appellants thereafter made a decision to have... More
The Appellant was employed by the Respondent on a fixed term contract from 28 July, 2009 to end of June, 2010. The Appellant then absented himself from duty without leave from 21 September, 2009 to 16 October, 2009. This was during examination time when he should have been part of the invigilating team and when he should have been present when students wrote his examination paper. More
The appellant, a self-actor, issued summons out of the Magistrates Court, Bindura, wherein she sought the eviction of the respondent from stand 2030, Garikai Tsungubvi, Glendale in Mazowe District. The court a quo dismissed her claim with costs. Dismayed by that outcome she filed the present appeal against the decision of that court. More
The appellant worked for the respondent as an I T Support Officer at Head Office in Harare. He was charged with misconduct (gross incompetence or inefficiency in the performance of work). He was found guilty and then dismissed from employment. He appealed against his dismissal to the respondent’s appeals machinery. On 27 January 2014 the Final Appeals Committee dismissed his appeal. He then appealed to this court. The respondent opposed the appeal. More
This is an application for condonation and extension of time within which to appeal.
At the hearing, I allowed the parties to argue both the preliminary points and the merits of the application. I, however, indicated that if I determined the matter on the preliminary points, I would not delve into the merits.
On 29 March 2019, the High Court at Harare, in an urgent chamber application for the stay of execution of a judgment brought by the applicant against the respondents, made the following order:
“1. This matter be struck off the urgent roll.
2. Applicant is barred from... More
On 5 December 2016, the plaintiffs sued the defendants. They couched their prayer in the following terms:
“1. It be and is hereby declared that 1st Plaintiff is the lawfully appointed President and
Overseer of the Apostolic Faith Mission of Africa, a church duly registered (sic) a
notarial deed by the 3rd defendant. More
The appellant issued summons in the court below claiming US750.00 for the value of his generator leased to the respondents including interest at the official rate and costs on the higher scale. The respondents had failed to pay for the generator as agreed which he now wanted returned in terms of its value. The appellant had applied for summary judgment a month after the respondents had filed a special plea which had however not been pursued prior to this application for summary judgment. The special plea was in essence that the same matter was lis pendens under 1311/20 in which... More
First Applicant and the respondents are engaged in a bitter battle for the control of second respondent. As often happens in such issues, the disputes unfortunately spill into our courts. Parties have been engaged in litigation of all sorts since 2005. More
The applicant approached this court seeking an order in the following terms:
“It is ordered and declared that:
1) The Constitution of the Apostolic Faith Mission in Zimbabwe (“The Constitution”) is the Supreme Law governing all the legal matters of the church.
2) The formation of branch – assemblies within the AFMZ is regulated by Chapter 3 of the Regulations to the said Constitution.
3) Any branch assembly formed outside of Chapter 3 of the Regulations to the said Constitution is illegal and ultra-vires the Constitution of the AFMZ.
4) That the respondent only bears the costs of suit in... More
The factual background to this matter is that a default judgment was granted against the applicants in 2005. That order was to the effect that the now appellants be evicted from Pumula Farm in Urungwe, Karoi. A warrant of ejectment and execution against property was then obtained in 2020 prompting the appellants to file the application for condonation of late filing of an application for rescission of judgment as they were way out of time in seeking a setting aside of the default order. The court a quo found that the delay was inordinate, there was no reasonable explanation for... More
The plaintiff instituted proceedings against the defendant wherein he claimed the following:- a decree of divorce, and as ancillary relief thereto, custody of the two minor children of the union and an equitable distribution of the assets which constituted the matrimonial estate. When the matter was brought before a judge in chambers for a pre-trial conference the parties made some accommodation on some of the contentious issues to the dispute. The question of the custody of the minor children and their upkeep was resolved between the parties. They also shared out the matrimonial estate which consisted of both movable and... More
