This is an urgent chamber application in which the relief sought is that the respondent be interdicted from filling the applicant’s position of Chief Executive Officer pending the determination of another court application filed under case number HC11003-16 between the same parties. The final order sought was amended at the hearing of the matter to be one for costs of suit. The applicant is a male adult who describes himself as having been in the respondent’s employ for ‘many decades’ in terms of a contract of employment entered into between himself and the respondent, a company incorporated in terms of... More
On the 17th of November, 2022, I granted an ex tempore judgment in in this contested application for review, in favor of the applicants after hearing arguments from the parties. These are the reasons for judgement following a request by the respondents through the Registrar of the High court. An unopposed application for the condonation of late filing of heads and upliftment of bar by the respondents was successfully granted by this court. More
This is an application for the rescission of a default judgment made in the employer’s favour against the applicant employee. Facts of the matter are that on 7 October 2015 the Labour Court allowed in default the appeal filed the employer because the employee had not attended the hearing on that day despite service. Aggrieved by the default order the employee made the application which is the subject of this judgment.
Basis of the application is that the set down notice did not get to the employee representative’s attention. He therefore argues that he has always been keen to defend... More
The Respondent was the Applicant’s credit controller from 18 September, 2009. The Applicant paid the Respondent agreed wages from September to November, 2009. From December, 2009, the Applicant stopped paying the wages. No wages were paid for the whole of 2010. Instead Applicant was giving the Respondent a transport allowance. On 5 February, 2011, the Respondent approached the Applicant, asking for the outstanding wages. The Applicant refused to pay him. The Respondent referred the issue to a labour officer who referred the issue to arbitration. More
The applicant instituted proceedings as a matter of urgency. The application was lodged in this Court on 15 May 2020, and heard on 29 May 2019. The final and the interim relief sought by the applicant have been formulated as follows:
“Terms of the final order sought:
1. That it be and is hereby declared that the election of the applicant is lawful as it was in consequence of section 103 (4) as read section 103 (3) (iii) of the Urban Councils Act (Chapter 29:15).
2. Alternatively, that it be and is hereby ordered that applicant’s election occurred after 2ndrespondent‘s... More
The appellant was formerly employed by the respondent. Following the termination of the relationship a dispute arose over certain amounts that he claimed as being due and owing to him. He obtained an arbitral award on 28 June 2012. On 1 October 2012 the appellant applied through the chamber book for an order for the registration of the arbitral award as an order of the High Court. The respondent opposed the application on the grounds that it was not capable of registration because a component of the award is not sounding in money and on 19 August 2015 the High... More
This is an appeal against the whole judgment of the Magistrate’s Court in which the court a quo granted an application in favour of the 1st respondent (Mavetera) for the rectification of the register in terms of section 162 of the Companies and Other Business Entities Act (the Act) [Chapter 24:31]. More
This is an urgent chamber application for a provisional interdict.
The facts are that on 10 July 2013 I dealt with the matter on the unopposed roll. The applicant who is the first respondent in this matter had applied for a provisional sentence on a liquid document namely an acknowledgement of debt by all the respondents (some of the applicants in this matter). The draft order was headed “Order by Consent” and its first paragraph reads:- “1. The Deed of settlement under HC 4283/13 be and is hereby made an order of this Court”. I raised a query relating to... More
This matter has a long history of a dispute over the ownership of a piece of communal land, in Mayambara, Seke Communal lands. The parties to the dispute inherited the dispute from their parents. Appellant’s father and the respondent’ brother, who were the original disputants died many years ago. The matter was further confused by the lack of knowledge of the applicable law on the part of the parties and Court officials. Along the way, wrong advice was given to the parties leading to wrong decisions being given in courts More
The Appellant was dismissed by the Respondent Company on allegations of theft of money meant to be remitted to the bus company by him after conducting his bus conductor duties. A Disciplinary Committee sat over his matter and dismissed him. Aggrieved by the dismissal, he appealed to the internal appeal structures without any success. Finally he appealed to this court and it is that appeal which is the subject matter of this judgment. More
This is an appeal against conviction in which I find myself in the same situation HAWTHORN ACJ was in R v Freddy 1963 (2) SA 128 (SR) at 128-129 and R v Oscar 1963 (2) SA 134 (SR). The appeal came before my brother UCHENA J and my sister CHATUKUTA J on 27 October 2009. Their opinions differed on the matter and in accordance with the provisions of s 4(2) of the High Court Act [Cap 5:07], judgment was suspended until a third judge was present. I was the third judge. Unlike in the Freddy case, supra, I did not... More
This is an appeal against a decision by an arbitrator sitting at Bulawayo. The appellant was employed by the respondent on a fixed term basis (monthly). The operative part of the contract reads as follows:
“7. This contract will, upon the completion of the time period, terminate and no expectation of being re-engaged at any time in future should at any time be read into this contract. Termination will be automatic at the conclusion of the contract although as a common courtesy the Company will endeavour to give advanced warning of their intention to terminate and not to renew. Failure... More
Lying at the heart of this dispute in the authenticity (and therefore validity) of a will purportedly left by the late Iddah Sharai Govereh (the deceased). The date of her demise is not apparent from the papers filed of record as neither party alluded to the same. More
