Respondents were employed by the Appellant as Game Scouts. It was alleged that during their duties, Respondents had connived with certain persons whom they are alleged to have granted access to Appellant’s premises for the purpose of poaching. The Respondents were found guilty of misconduct. An internal appeal failed, and Respondents approached the respective NEC for redress. The NEC overturned the decision of the internal appeals committee. Appellant is dissatisfied with the decision and has approached this Court for redress. The main contention is that the NEC admitted into evidence a letter allegedly written by a police officer which document... More
At the hearing of this matter I upheld the appeal and indicated that reasons would follow. These are they.
This is an appeal against the determination of Appeals Committee of the National Employment Council for the Welfare and Educational Institutions in Zimbabwe (NECWEI). Respondent was employed by the appellant as a grounds man. He was charged with wilful disobedience to a lawful order given by a person in authority and deliberately giving untrue, erroneous or misleading information or testimony whether verbally or in writing. He was found guilty and was dismissed from employment. Aggrieved with the dismissal, he appealed to... More
This matter was referred to me in terms of section 89 (2)(a)(i) of the Labour Act [Chapter 28:01] (hereafter called the Act) for determination on the record. More
This matter was referred to trial as a stated case. The statement of agreed facts reads:
“1. Plaintiff entered into a written lease agreement on or about December 2009 with a company called Eric Rosen (Pvt) Ltd t/a Motor Action, in terms of which plaintiff leased to the former its premises known as 65 Harare Street, Harare More
This is an application for recusal. By agreement the determination is on the papers. The applicant is the defendant in an action for damages for defamation under the case reference number HC 9390-18. The respondent is the plaintiff. More
The appellant brings an appeal against the judgment of the High Court (the court a quo) handed down on 21 July 2021. The reasons for judgment were delivered on 28 September 2021 under judgment number HH 533-21. The order struck off the appellant’s application to be declared the lawful lessee and occupier of Duncombe Service Station (the service station) situate at Duncombe Farm, Mazowe District in Mashonaland Central Province. The appellant further sought the eviction of the first and second respondents from the premises together with all those claiming the right of occupation and use through them. More
the applicant’s legal practitioners wrote to the registrar of this court. They requested written reasons for my decision. These are they:
The applicant premised its application on a lease which it claimed it signed with the third respondent. The lease, it alleged, was to endure from 17 July 2019 to 31 June 2024. It stated that it leased Duncombe Fuel Filling Station (“the property”) from the third respondent. The lease excluded the Bulk Fuel Reservoir, according to it. It moved me to:
(i) declare it to be the lawful lessee and occupier of the property;
(ii) interdict the first and... More
At the center of the dispute of the parties is Stand 262, Muzarabani Growth Point (“the property”). It is in Muzarabani which is under Mashonaland Central Province. The late Pascale (“Pascale”) Shambi Nyamukondiwa is its owner. He leased it to the applicant in May, 2001. The lease was to endure for twenty-five consecutive years. Its operation was with effect from 1 June, 2001. Its terms which are relevant to the circumstances of this application are that:
a) the property would be used for erecting and operating a fuel retail outlet;
b) the lessee would develop the property for its intended... More
This is an appeal against the whole judgment of the High Court handed down on 17 October 2022, dismissing the appellant’s appeal against her conviction and sentence, on a charge of theft of trust property, by the Regional Magistrate, Eastern Region (Anti-Corruption Court) on 8 June 2022. More
The applicant has applied for bail pending appeal following her conviction and sentencing by the Anti-CorruptionDivision of the Regional Court sitting at Harare for Theft of Trust Property as defined in s 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. She was sentenced to imprisonment for 36 months of which 12 months were suspended for 5 years on condition of good behavior and a further 8 months suspended on condition she pays restitution. She has noted appeal against both conviction and sentence and now seeks bail pending the appeal. More
1. This is an application for leave to appeal to the Supreme Court in terms of s 44(4) of the High Court Act [Chapter 7:06] as read with Rule 94 of the High Court Rules, 2021.
2. Sitting together with MANYANGADZE J, we dismissed the applicant’s appeal against conviction and sentence More
The brief background to the matter is that the Appellant was employed by Respondent, and was at the material time working in the Delicatessen Department. In November 2009, she was convicted of misconduct in terms of the National Employment Council for the Commercial Sectors Employment Code of Conduct (NEC Code). The Disciplinary Committee found her guilty of the Group IV Offence of “DISHONESTY AND RELATED OFFENCES”- which is the unlawful taking of property with the intention of permanently depriving the company of such property. The Appellant was found by the Duty Manager eating potatoes in a kitchen, outside the normal... More
Winsley Militala, died testate on the 10th of January 2021. (Hereinafter Winsley or the decedent). During his life time, he married Petronella Tendai Militala customarily in 1991 and then upgraded this to a civil marriage in 1998. (Hereinafter Petronella or the plaintiff). Together they had three children, one of whom sadly predeceased his father by 10 days on the 30th of December 2020. Winsley also sired two other children out of wedlock in 1997 and another in 2014. He left the matrimonial home in 2014 and formally filed for divorce in 2017. At the time of his death in 2021,... More
This was an application for review. The facts in brief are that Applicant was employed by the Respondent as a Loss Control Officer based in Mutare. Sometime in February 2022, allegations of misconduct were leveled against him leading to charges being preferred against him. He was brought before a Disci0linary Committee which found him guilty and recommended his dismissal from employment. On 31st March 2022, Applicant filed his appeal with the Appeals Officer in terms of the Respondent’s Code of Conduct. The Appeals Committee only made its determination available on 24th January 2025. Applicant is disgruntled by this outcome. In... More
The accused was facing a charge of murder in terms of s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] it being alleged that on 6 March, 2009 and at Village 22, Nyamatani, Chief Neuso Sanyati Petros Lozane unlawfully and with intent to kill caused the death of Joseph Lozane by striking him with an axe on the head once and twice on the back causing injuries from which Joseph Lozane died. More
