Plaintiff issued a provisional sentence summons against the defendant on 13 February 2015 claiming an amount of USD$28 000-00 together with interest thereon at the prescribed rate calculated from 5 March 2014 to the date of payment in full, as well as costs of suit. The plaintiff’s claim was based on an acknowledgement of debt executed in her favor by the defendant. The issues that arise for determination in this matter are whether the plaintiff has fulfilled the requirements provided for a claim for provisional sentence in terms of order 4 rr 20 and 21 of the rules of this... More
The first applicant is a widow seeking a declarator to rights to a house. The first respondent is the daughter to the deceased and also the executor to his estate. On the face of the application she had been sued in her personal capacity but it was not in dispute that she is the executor of the estate of the late Hubert Masara. A point in limine was raised regarding the fact that as she had not been cited in her official capacity this could have possible implications on costs. An application was thus made at the hearing to cite... More
This is an application by a labour officer for the confirmation of a ruling made by the officer. It is in terms of section 93 (5) (a) and (b) of the Labour Act, Chapter 28:01 (hereafter referred to as the Act). 2. The 1st respondent claimed that he was employed by the 2nd respondent as a country director in November 2018. There was no written contract. He managed the 2nd respondent’s business on a daily
basis. He was not paid any salary or wages at all. After 6 months, which he said was the probation period, he wrote to the... More
The court on the 6th of September, 2022 handed down an order in the following terms;
1. The Application for confirmation of a draft ruling be and is hereby granted.
2. The draft ruling by Priscilla Mgazi, Labour Officer N.O. handed down on 6th March 2020 is hereby confirmed.
3. The 1st Respondent is directed to pay the 2nd Respondent $6 202.00 within 30 days of the date of this order.
4. Each party to bear its own costs. More
: The plaintiff and defendant were married in terms of customary law in 1976. In the year 1983 their marriage was solemnized in terms of the Marriages Act, Chapter 37 (now 5:11) at Harare. Both parties were born and bred in Zimbabwe and so Zimbabwe is their country of domicile. Their marriage was blessed with six children. Their last born children are twins born on 25 April 1992.
On 10 April 2007, the plaintiff instituted proceedings seeking a decree of divorce and other ancillary relief against the defendant. The plaintiff alleged that their marriage had irretrievably broken down to such... More
Appellant was employed by Respondent as a Shift Supervisor. Appellant’s duties included issuing invoices to customers and in the absence of the cashier, also handle cash. More
This is an application for quantification of damages following disagreement on the quantum of damages between the parties.
The respondent was ordered by this Court to reinstate the applicant into her position as a shift supervisor, without loss of salary and benefits. In the event that reinstatement was no longer tenable, applicant was to be paid damages in lieu of reinstatement and for the premature loss of employment. More
This is an application for a Draft Ruling of 27th January by Labour Officer
P Mgazi. The draft ruling is couched as follows:
“In light of the above I make the following ruling.
The respondent is be and hereby ordered to reinstate the claimant without loss of salary and benefits.
The reinstatement is with effect from date of unlawful termination of contract.
I so determine.” More
This is an application for confirmation of a ruling made by the Applicant. The application is made pursuant to the provisions of Section 93(5a) and (5b) of the Labour Act [Cap 28:01] as amended. More
Applicant was arrested on allegations of murder. Since this is a scheduled offence for which the Magistrates Court lacks jurisdiction, he applied for bail before this court. More
In downtown Harare is located 4 adjoining pieces of land known as subdivision A of stand 1499 Salisbury Township measuring 299 square metres, the remainder of stand 1499 Salisbury Township measuring 297 square metres, stand 1500 Salisbury Township measuring 595 square metres and stand 1498 Salisbury Township measuring 595 square metres. Those properties are currently held by M. Peters Agencies (Private) Limited, the forth defendant in this matter, by Deed of Transfer No. 239/11 Physically they are stands 129 to 135 Mbuya Nehanda Street Harare. More
The parties in this application as cited above are all duly incorporated and registered companies in terms of the laws of Zimbabwe. They carry out their business in Zimbabwe. From the nature of the dispute as revealed on the papers, the parties are running entities or have an interest in mining. The first respondent is however under a legal handicap in that it was placed under corporate rescue in terms of s 121 as read with ss 124 and 131 of the Insolvency Act, [Chapter 6:07] by the High Court at Mutare on 13 July, 2020. In consequence of the... More
Plaintiff issued out summons against the defendant claiming
$15 761.91 being the balance due to the plaintiff for medical goods supplied. The claim was predicated on an acknowledgment of debt which plaintiff alleged defendant had signed.
The defendant disputes the claim, alleging that he does not owe plaintiff anything and that he was coerced into signing the acknowledgement of debt. More
In this application, the respondent was until 23 October 2020 employed by the applicant in the position of Chief Executive Officer on a written contract of fixed duration of 6 years renewable which commenced on 1 March 2018. The 23rd October 2020 was a dark day for the respondent. The applicant terminated the employment contract aforesaid on 3 months’ notice as provided for in clause 9 of the employment contract. The notice period was determined to commence on 1 November 2020. More
The applicant is Prodigy Chinanga a male adult of Harare. The respondent is Stanbic Bank Ltd a registered commercial bank operating in Zimbabwe. The brief background to the application is that the applicant and the respondent were employee and employer. The applicant was employed as a reconciliation officer for nine (9) years from 2023 to 1 November, 2022. In the course of the employment relationship, the applicant was charged with an act of misconduct, the gravamen of which the applicant was accused of downloading and installing an unauthorized software on his laptop. The applicant was found guilty and dismissed from... More
