The relevant facts which are common cause are that the Respondent was offered the job post of Sales Manager on the 15th of March 2012. This was after he had been interviewed on the 2nd of March 2012. The (contract) letter indicated that if he had any queries regarding any of the conditions laid down in the letter of appointment the Appellant should not hesitate to contact the Directors who would clarify the issues. The letter also invited the Respondent to sign in acceptance if he was satisfied with the terms and conditions therein. All communication pertaining to the negotiations... More
On 29th June 2015 at Marondera Arbitrator E. Mudzengerere issued an arbitration award. He ordered Appellant to reinstate Respondents’ employment or pay them damages in lieu of reinstatement. Appellant then appealed to this Court against the award. Respondents opposed the appeal. More
The application for a declaratory order in terms of s85 (1) of the Constitution was placed before me on the unopposed roll, the respondents not having filed opposition. Although the 1st respondent had also not filed opposition to the 1st applicant’s part of the combined application, Mr Ndubiwa for the 1st respondent was in attendance and counsel advised that they were in the process of achieving an amicable settlement of the matter. There being no appearance or opposition for the 2nd and 3rd respondents I granted a default judgment in the following: More
This is an appeal against the decision of the Appeal authority which confirmed the appellant’s dismissal from the respondent’s employment on the 10th of October 2012. More
The parties cited above have been locked in protracted proceedings pertaining to the case in which the Respondent was dismissed by the Appellant following his conviction on a criminal charge wherein he was sentenced to an effective period of imprisonment of eighteen months. More
The plaintiff in this matter instituted summons for provisional sentence against the defendant for the sum of USD $537 556.00, together with interest at the rate of 5% per cent per annum from March 31 2022. The background of this case will help put the law into perspective. The plaintiff and defendant entered into an oral agreement whilst in the United Kingdom. The agreement was for construction of a farmhouse, church building and hospital. A total amount of US$995 380.65 was advanced to effect the construction. In addition, the parties signed and Memorandum of Agreement hereinafter referred to as the... More
The first respondent was employed by the applicant as a Finance Director from the 1st of October 2008. He was later promoted to the position of Managing Director effective the 1st of March 2017. He was appointed the Group Finance Director on the 6th of October 2023 on the condition that he would only attend to assignments pertaining to Pulse Pharmaceuticals (Pvt) Ltd. Sometime in October 2023, a dispute arose between the parties, particularly in that the first respondent had set up a rival company, 5950 (Private) Limited, in the same business as that of the applicant. It was alleged... More
Applicant applied to this Court for condonation of a belated appeal. The application was made in terms of Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application. More
This urgent chamber application stems from a seemingly unending dispute. I remark so because from the papers before me, the acrimony between the parties has been on-going for a few years now. More
The plaintiff and the defendant were married in Harare in February 1982. There are no children to the marriage. The parties have realized that they no longer have love and affection for each other and that their relationship has broken down and cannot be retrieved. They came to this joint conclusion at a pre-trial conference that was held after the plaintiff had issued summons for divorce in January 2006. At the same pre-trial conference, the parties also agreed on how to share the movable assets of their joint estate in the event that the court agreed with them that their... More
This is an appeal against an arbitral award which declared the dismissal of respondent unfair and set it aside whilst ordering reinstatement or alternatively damages in lieu of reinstatement. More
The plaintiffs issued summons against the defendant claiming payment of a total sum of US$480 000.00, collection commission and costs of suit on the attorney-client scale. More
The four respondents are former employees of the appellant company. Each one of them was dismissed. Upon reference of the matter to arbitration, the Learned Arbitrator found that they had been unfairly dismissed and ordered their respective reinstatements with alternative orders for payment of quantified amounts of damages. Aggrieved by the arbitrator’s decision the appellant appealed to this Court on the following grounds with respect to each of the respondents. More
This is a chamber application brought in terms of r 348 A (5b) of the High Court Rules 1971. The applicant seeks the postponement or suspension of the sale in execution of a certain piece of land situate in the district of Salisbury called the remainder of Subdivision C of lot 6 of lots 190, 191, 193, 194 and 195 Highlands Estate of Welmoed measuring 4377 square meters. More
This judgment disposes of 2 applications. HC 11349/17 is an application made by Puwayi Chiutsi (Chiutsi), a legal practitioner and officer of this court and as such occupying a very privileged position in the justice delivery system, for an order setting aside theconfirmation of the sale in execution of his house in Highlands Harare in pursuance of a judgment of this court granted on 4 November 2014 in favour of Elliot Rodgers, a former client of Chiutsi, in the sum of $70 000-00. In HC 2650/18 is an application for a declaratur brought by Elliot Rodgers against the Sheriff of... More
