The applicant is married to Nathan Simango in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. Their marriage was blessed with one child. The respondent is a blood brother to Nathan Simango.
It is common cause that the applicant and Nathan moved to the United States of America (hereinafter referred to as USA) about 9 years ago. Both were apparently employed. Nathan lost his employment and in the year 2008 he fell ill. He was alleged to be suffering from Alzheimer. As a result he sometimes had certain limitations in understanding and was no longer in full... More
On 28th of July 2015 I granted an interim order prohibiting the respondents from evicting or demolishing applicant’s members residential structures located in Budiriro, Harare. I have since been requested to provide reasons for my order. More
This is an appeal against both the conviction and sentence of the appellant who appeared at Gweru Magistrates Court on 21 September 2011 facing one charge of contravening section 113 (2)(a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23[, alternatively Criminal abuse of duty as a Public Officer as defined in section 174(i)(a)(b) of the Criminal Law (Codification & Reform Act [Chapter 9:23]. More
Appellant was dismissed from employment by 2nd Respondent on grounds of misconduct. She sought a review of the dismissal. 1st Respondent reviewed but confirmed her dismissal from employment. She then appealed to this Court. Her grounds of appeal were two-fold. More
The plaintiff sued the defendant for the delivery of a Mercedes Benz silver in colour identified as bearing engine number 64796130063151 and chassis number WDB2110162A313171 and vehicle registration number ADI 289 alternatively and on failure of full and timeous compliance with the order for delivery of the vehicle that the defendant pay to the plaintiff the sum of US$50 600.00 with interest at the prescribed rate from date of service of summons to date of full payment and costs of suit at attorney-client scale.
Although in her evidence during trial the plaintiff denied having been in a love relationship with... More
This is an application for condonation of late noting of an application for rescission of judgment. Facts giving rise to the instant application are that the applicant employee lost her job with respondent employer following allegations of misconduct in breach of the respondent code of conduct. She appealed to arbitration without success. This drove her to appeal to the Labour Court on 24 November 2014 against the arbitral decision. She however failed to file her heads of argument on the appeal on time. This prompted the respondent to pray for a dismissal of the appeal for want of prosecution. To... More
This is an appeal against an arbitral award issued on 5 August 2015. Appellants are employees of respondent. From March 2012 to March 2015 respondent failed to pay appellants’ salaries. Appellants were aggrieved and referred the matter to conciliation and thereafter arbitration. The arbitrator awarded appellants amounts less than what they had claimed. More
This is an appeal at the instance of the appellant employee against his dismissal by the respondent employer. The background to the matter is that appellant who was in the respondent’s employ as an accountant was charged with misconduct for failing to conduct his accounting duties diligently in contravention of Section 44 (2) as read with paragraphs 2,3,8 and 24 of the First Schedule (Section 2) of the Public Service Regulations SI 1 of 2000 as amended. In particular it was alleged that he had failed to report to the authorities the absence of one Mukozho an accounting assistant who... More
MABHIKWA J: The applicant is a former employee of the respondent. On 7 March 2014, he was suspended on allegations of misconduct. He was given a letter to that effect. He was charged with conduct inconsistent with the fulfillment of express or implied terms of his contract of employment. More
On 28 January 2011 applicant through its current Legal Practitioners filed an appeal in this Court against an arbitral award. On 20 June 2012 the appeal was set down for hearing but was postponed by consent of both parties to enable filing of Heads of argument by both parties.
On 17 February 2014 the appeal was reset for hearing. Applicant being in default of appearance, a default judgment was issued against it.
On 14 July 2015 applicant filed this application for rescission of the default order. The application is vehemently opposed by respondent. More
This is an appeal against the decision of the Magistrate sitting at Harare in which the court dismissed the plaintiff’s claim with costs. In the court a quo the appellant a Housing Co-operative sued the respondent seeking an order for eviction from stand No. 1923 Crowborough, Phase 3, Harare. Furthermore, the appellant also asked for damages in the sum of $1750 together with costs of suit. The basis of the appellant’s claim was that it was the registered owner of the said stand which the Respondent was in illegal occupation as it alleged Respondent was not a member of the... More
The cause of action under para 1 is based on the breach of contract arising from an agreement made between the parties on or about 9 September 2005. More
The parties divorced by an order of this court which awarded custody to the applicant herein. Sometime around 2018, respondent brought fresh proceedings in the Victoria Falls Magistrates Court wherein he sued for the custody of the 2 minor children. An order was then issued in the applicant’s absence in favour of respondent in that he was awarded custody rights over the 2 minor children by the Victoria Falls Magistrates Court.
Applicant then seeks a declaration that the Magistrates Court order is invalid and consequently that it be set aside. More
