This is an appeal against the decision of the arbitrator where he ruled that the respondent employee had been unlawfully dismissed and ordered that she be reinstated with full benefits or that she be paid damages in place of reinstatement.
Facts of the matter are that the respondent who was in the appellant’s employ as a finance director had her services terminated on notice by the appellant following prior discussion about her incompetency or failure to live up to expectations of her post among other things.
She was riled by the dismissal as she felt that it was done improperly... More
The applicant is a haulage transporter. It transports:
(a) mining equipment and products;
(b) grain;
(c) cement and hardware. Its major clients comprise:
(i) manufacturers
(ii) cement producers;
(iii) non-governmental organisations – and
(iv) government departments as well as
(v) private business which includes manufacturers and traders’ products.
On 29 June 2016, the court placed the applicant under provisional judicial management. More
This is an application which the applicants have named an “Urgent chamber application for stay of execution”. The relief sought is a provisional order. The interim relief sought is an order to ‘stop’ the respondent from executing of a seizure order issued by this court on the 21 September 2022 under case number HACC 24/22 in terms of s 47 of the Money Landing and Proceeds of Crime Act [Chapter 9.24] pending the determination of an application for rescission of judgment filed under case no HACC 33/22. The draft final relief is identical to the interim relief sought, perhaps by... More
1. This is an application brought in terms of the common law for the setting aside of a property seizure order.
2. The property seizure order was granted by this court on 21 February 2022. It was made on the basis of an application by the Prosecutor-General in terms of s 47 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (“the Money Laundering Act”). The application that gave rise to the order was an ex parte chamber application. More
This matter was placed before me as an urgent court application for variation of a custody order issued by this court in Case No. CIV “A” 153/23. On 14 January 2025, after hearing submissions from the parties’ legal practitioners, the court issued an ex tempore judgment upholding the point in limine that the respondent had dirty hands and could not be heard. Consequently, the court disregarded the respondent’s opposing papers and proceeded with the hearing of the application as an unopposed matter. I subsequently reserved judgment on the matter. What follows are the full written reasons for the court’s decision. More
The now appellant was the applicant before the court a quo. The brief background is that he met the respondent in 2008 and they contracted a customary law union in 2016 and separated in or about December 2019. Three children were born to them being:
i. Simbarashe Mangwengwende, a boy, born on 20 April 2010.
ii. Akudzwe Kateve Mangwengwende, a boy, born on 18 June 2012; and
iii. Tawana Chidiwa Mangwengwende, a girl, born on 3 July 2015.
Upon separation of the parties, the children remained in the custody of the respondent. Having been denied custody, the appellant lodged this... More
The applicant filed an urgent application wherein it seeks an order in the following terms:
TERMS OF INTERIM ORDER
1. Pending the determination of case number 6909/10, the respondents be and are hereby ordered to give the applicant forthwith vacant possession of its business premises at number 1 Manchester Road, Industrial Area, Chinhoyi and all its property thereat. More
This is an appeal against the decision of an Arbitrator sitting at Harare. The grounds of appeal are as follows:
1. “The Honourable Arbitrator erred and grossly misdirected himself when he ruled that the application by Claimant was out of time as if conducting of the hearing was supposed to be initiated by Claimant. The onus to discipline is upon the employer (Respondent) hence he is the one who failed to constitute a disciple nay (disciplinary) committee on time in terms of the provisions of the ZIMRA Code of Conduct.
2. The Honourable Arbitrator grossly misdirected himself at law in... More
This is an appeal against the decision of an Arbitrator. The background to the appeal is as follows
The appellant was employed by the Respondent. He was charged with wilfully applying a wrong use, or unauthorised purpose to assets or property; or alternatively carrying out an act which is inconsistent with the express or implied conditions of the employment contract. More
The plaintiff brought a claim for $181 273.00 against the defendant, its former farm manager. The defendant has in response, filed a claim in reconvention amounting to $123 259.75. The parties will for ease of reference, be referred to as plaintiff and defendant. More
This matter is brought by way of referral in terms of s 24 (2) of the former Constitution of Zimbabwe (“the former Constitution) which provides as follows:
“24 Enforcement of protective provisions
(1)…
(2) If in any proceedings in the High Court or in any court subordinate to the High Court any question arises as to the contravention of the Declaration of Rights, the person presiding in that court may, and if so requested by any party to the proceedings shall, refer the question to the Supreme Court unless, in his opinion, the raising of the question is merely frivolous... More
On 21 April 2020 I presided over a bail application by the applicants under B84/20. I dismissed the application. This application is a follow up application citing changed circumstances. More
This is a Court Application for contempt of court, in particular the High Court Order issued against the respondents by JUSTICE FOROMA, sitting at Harare on the 18th December 2019 under HC 8736/19. This application for civil contempt is based on the fact that the actions and conduct of the respondents are both willful and mala fide in their refusal or failure to comply with an order of this court. More
The applicant is a male adult and a national of Rwanda. He came into Zimbabwe with his mother and siblings as a 12-year-old refugee in 2007. He alleged that the family fled from internecine violence which was rocking Rwanda at the time. He averred that his father and several of his relatives were shot at, maimed and some killed with machetes. The applicant and his family members were accorded refugee status as provided for under the Refugees Act [Chapter 4:02] and were subsequently granted refugee status. The applicant was registered on his mother’s refugee status card and the family was... More
Respondent was charged of theft of company property in terms of the Appellant’s own internal Code of Conduct. Criminal proceedings were instituted and he was convicted. The disciplinary proceedings found that on the basis of the evidence before the Committee, it was not possible to conclude that Respondent had stolen the motor in question. He was however found guilty and dismissed on the basis of the conviction in the criminal matter.
Appellant’s own internal Code of Conduct was registered in the early 1990s. the National Employment Council (NEC) registered a Code of Conduct for the Industry in 2012. More
