This is an application for setting aside of an arbitral award in terms of Article 34 (2) of the Model Law as set out in the Arbitration Act [Chapter 7:15]. More
On 27 April 2017 the fourth respondent (Turfwall Mining) obtained a provisional order against one Siphiwe Dube (Dube), interdicting her and all her employees from conducting all forms of mining on the five disputed claims pending confirmation or discharge of the provisional order. The disputed claims are the following: - Legion C claim number 102224BM; Legion D claim number 10225BM; Legion F claim number 10226BM; Legion 13 claim number 33216 and Legion 14 claim number 33217. Dube appealed the provisional order to the Supreme Court, and in Dube v Turfwall & Ors SC 10/17 the court found that she lied... More
On 31st October 2012 this Court made an order the relevant portion of which read,
“1. The Respondent being barred in terms of Rule 19 for not filing Heads Of Argument, the appeal be and is hereby granted and arbitral award of the Respondent by H.R. Matsikidze dated 27 January 2012 is hereby set aside.” More
This is an application for bail pending appeal against conviction only. At his trial the applicant was facing three counts of rape as defined in section 65 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
This is an appeal against the determination in respect of value added tax, VAT, by the second respondent dated 12 June 2014 to an objection raised by the appellant on 2 May 2014. The appeal seeks to determine whether or not the estimates assessed for VATand penalties imposed by the first respondent for the period from 1 February 2010 to 31 December 2013 should stand. More
Applicants worked for Respondent. A collective job action took place. Respondent charged Applicants with misconduct. Thereafter Respondent dismissed Applicants from its employ.
Applicants filed in this Court an application for review of their dismissal. Respondent opposed the application More
This is an urgent application for an order interdicting the first respondent from carrying on mining operations on the applicant’s mineral claims described in the papers as Contrica 9 Registered Number 23331BM; Contrica 21 Registered Number 24482BM; Contrica 45 Registered Number 24866BM; and Contrica 46 Registered Number 24867BM. The order also seeks the barring of the first respondent from coming within two hundred metres of the mining claims referred to above. More
At the conclusion of arbitral proceedings, the arbitrator upheld the respondent’s claim for unlawful dismissal and ordered her reinstatement or alternatively payment of damages in lieu of reinstatement. An appeal against the award to the Labour Court was dismissed with costs. The present appeal is against that order. More
This is an appeal against a judgment of the Labour Court wherein the decision to dismiss the appellant from employment that had been made by the appellant’s Managing Director was set aside whilst an earlier decision by the disciplinary committee that the respondent be issued with a second written warning was confirmed. More
Applicant filed in this court an application for rescission in terms of section 92C of the Labour Act Chapter 28:01 hereafter called “the Act”. Respondent opposed the application. The order in question was issued by Judge Hove on the 28th April 2021. The order reads as follows,
“The application for condonation and reinstatement of case LC/H/LRA/25/90being unopposed be and is hereby granted.” (The underlying is for emphasis.) Applicant’s case is that the order was issued in error. The error being that the matter was infact opposed. The Applicant referred to its opposing papers and Heads of Argument which had been... More
On 13th October 2015 at Harare, Arbitrator T.C. Sengwe issued an arbitration award. He ordered Appellant to reinstate Respondent or pay him damages in lieu of reinstatement. Appellant then appealed to this Courtagainst the award. Respondent opposed the appeal. The grounds of appeal were three-fold as follows,
“1. The Honourable Arbitrator grossly erred and misdirected (sic) on a point of law by failing to make a finding that Respondent was grossly incompetent as charged in terms of the National Employment Code of Conduct S.I. – 15/06.
2. The Honourable Arbitrator grossly erred and misdirected at law by relying on an... More
The respondent, Mathew Muchazviona Gwaku, then a self-actor issued summons in the Magistrates Court in 2018 seeking the removal of appellant’s property from his Clock Room at Mudzviti Bus Terminus in Mutare on the grounds that the appellant had failed to pay rentals in the sum of $400-00 and advertising fee totalling $800-00. He indicated that he had given appellant a notice to vacate by writing a letter of demand which letter was ignored by the appellant. On 15 August 2018 the appellant filed its appearance to defend the action. On 27 August 2018 respondent filed a notice to plead.... More
This is an urgent chamber application filed on the 8th May 2019 seeking the following interim relief:
“Interim relief
1. That the 1st respondent’s decision of the 209th April 2019 be and is hereby stayed pending determination of the application for review filed under case number HC 1038/19.
2. For the avoidance of doubt 2nd and 3rd respondents, their agents or assignees be and are hereby ordered not to carry out mining activities in the disputed production shaft.
3. Applicant be and is hereby allowed to carry out its mining activities on Jessie’s Luck B Mine, outside the disputed area.”... More
This is an appeal against the decision of the arbitrator who found in favour of the respondent after a hearing before that tribunal. Most of the facts in this matter are common cause. Appellant’s grounds of appeal are as follows:
1. The arbitrator a quo grossly erred and misdirected himself at law in making a finding that respondent had been unfairly dismissed based on procedural irregularities whichdid not vitiate the proceedings and without alleging that respondent suffered any prejudice.
2. The arbitrator grossly erred at law by failing to remit the matter for a hearing de novo had the hearing... More
