This is contractual a claim for a debt and interest arising therefrom.
The plaintiff sold various electrical goods to the defendanton credit. The defendant fell into arrears amounting to $22968-00.On 5 May 2010 the defendant’s erstwhile managing director signed a final demand agreeing to interest being charged on the overdue account at 4% per month. The plaintiff commenced charging interest on the outstanding amount and payments made were appropriated first to interest and then to the capital amount. At the time of trial, the amount claimed was $12162-00.This figure was revised down to $11 751-00 following adjustments to the account. More
This is an appeal against an award that quantified the damages due to the respondents. The appellant had on 6 November 2014 advised the arbitrator that even though respondents were seeking reinstatement on the basis that their dismissal was unlawful or alternatively the payment of damages and terminal benefits, reinstatement was no longer on option. The quantification proceedings were subsequently held and an award was issued on 18 May 2015. On 4 June 2015 the appellant noted this appeal. The grounds of appeal span over three pages and they number up to 13. The bone of contention are the entitlements... More
This is an appeal against the decision of Honourable Arbitrator J Ndomene dated 5 September 2018. The arbitrator’s findings were that,
(i) The claim for non payment had not prescribed.
(ii) The claim for underpayment be granted.
The brief background of the matter is that some of the Respondents were employed by the Appellant as Loss Control Assistants and others as Messengers. When parties appeared before the arbitrator they made the following submissions. More
Appellant employed the respondent. Respondent’s contract of employment was terminated by the giving of three months’ notice. Respondent was aggrieved by this turn of events and the matter ended up in arbitration. The arbitrator ordered respondent’s reinstatement after making a finding that the termination was unlawful. Appellant is contesting the finding of the arbitrator. More
This is an appeal against an arbitral award granting rescission of a default judgment, and directing that submissions be filed for the matter to be heard on the merits. What is peculiar about this application is that it is emanating from the party who sought, and was granted, rescission of the default judgment. It is not coming from the party who opposed the application for rescission of judgment. More
This is a court application in terms of article 11(4) of the Arbitration Act [Chapter 7:15] (“the Act”). The applicant requests this Court to appoint an arbitrator who will preside over the parties’ dispute, following their failure to agree on the appointment of one. Both parties are companies, duly incorporated in terms of the laws of Zimbabwe. More
The respondent was employed by the applicant as a Finance Manager. By virtue of his employment the respondent was entitled to the following perquisites,
(a) Toyota Prado, registration No. ABH 7465
(b) A laptop and an iPad 2. More
This is an application for a Declaratur in terms of Section 14 of the High Court Act [Chapter 7:06] to have the certificates of Registration numbers 48749, 48750, and 48751 issued by the 3rd Respondent to the 1st and 2nd Respondents declared invalid and of no legal force or effect. More
This is an appeal against the decision of the arbitrator. The facts which are largely common cause are as follows. The respondent was employed by the appellant on fixed term contracts which were renewed periodically. Respondent’s last contract was to expire on 28 February 2014. Prior to the termination of the contract, appellant wrote to respondent on 30 October 2013 advising her that her contract would not be renewed. Another letter was written to respondent when she is supposed to have divulged internal information to outsiders. Respondent later took her matter to the Labour Officer and subsequently to arbitration. The... More
This is an application for stay of execution of an arbitral award, in terms of which the termination of the respondent’s employment was ruled unlawful.
The brief facts of this matter are common cause.
The respondent was employed by the appellant as its Human Capital and Administration Manager. She was so employed in a fixed term contract, which was renewed every two years for a period of eight years. At the end of October, 2013, the appellant notified the respondent that it was not going to renew the fixed term contract at its next expiry date, which was 28 February... More
This is an application for stay of execution of an arbitral award, in terms of which the termination of the respondent’s employment was ruled unlawful.
The brief facts of this matter are common cause.
The respondent was employed by the appellant as its Human Capital and Administration Manager. She was so employed in a fixed term contract, which was renewed every two years for a period of eight years. At the end of October, 2013, the appellant notified the respondent that it was not going to renew the fixed term contract at its next expiry date, which was 28 February... More
The applicant and the father of the child Lawrence Mungwari who was the second respondent in the application, are brother and sister. The applicant averred that she has been supporting her brother to look after his child F. T. M. who was born on the 29th of December 2008. Her application was for full guardianship or in the alternative joint guardianship because her brother Lawrence cannot afford to look after the child. The application was also made on account that there are better educational opportunities for the child in the United Kingdom, were applicant to be given guardianship since that... More
This is an application for direct access to the Constitutional Court made in terms of s 167(5)(a) of the Constitution of Zimbabwe. The allegation is that the conduct of the respondents violated the applicant`s fundamental rights as enshrined in ss 69(1) and 70(1)(d),(e) and (f) of the Constitution. More
The appellant appeals against an order granting him damages made in the following terms
1. Back pay $508.50
2. Vacation leave $254.25
3. Damages in lieu of reinstatement $3 051.00
In his grounds of appeal the appellant impugns the arbitral award in his
determinationof back pay, failure to award transport allowance, cash in lieu of leave and that since the respondent was not in attendance at the hearing his claim should have been granted in toto. Technically it was unopposed. More
