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 plaintiffs claim herein is for provisional sentence in the sum of US$203, 000.00, together with interest on that amount at the agreed rate of 5% per month calculated from 1 May 2021 to the date of payment in full and costs of suit on the attorney and client scale. The parties appeared before the court in the unopposed motion court on 29 May 2024. The defendant had filed a notice of opposition to the claim prior to their appearance. 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
This is a court application in which the applicant sought an order that:
1. The sale of a certain piece of land situate in the district of Salisbury called Stand 5603 Budiriro Township of stand 3068 Budiriro Township (herein after referred to as the property) from Estate late Maruta Jawona to 2nd and 3rd Respondents be set aside.
2. Applicant be and is hereby given 60 days to pay to 1st Respondent payment in the sum of US40 000.00 for stand 5603 Budiriro Township of stand 3068 Budiriro Township referred to in paragraph 1 above failing which the property shall... More
This is an application for the quantification of arrear salaries and benefits following a judgment by this court in favour of the applicants. The applicants are employees of the respondent. They were appointed to acting capacities for periods beyond the six months stipulated in the Collective Bargaining Agreement S I 53 of 1992. Section 17 (2) of SI 55/92 provides:
“(2) On completion of six consecutive months’ acting appointment, an employee shall be confirmed in that appointment.” More
On 9 October 2014, an award was issued by the Honourable Zimbudzana (the arbitrator) with the consent of both parties, in which he ordered that the applicant had been unfairly dismissed by the respondent and she was entitled to back pay and damages in lieu of reinstatement. More
This case epitomises the need for legal practitioners to have clarity of mind in deciding on a cause of action they wish to rely on. Such clarity of mind would serve to curtail pursuing untenable positions. More
Plaintiff and defendant married each other on 3 April 2013 in terms of the then Marriage Act [Chapter 5:11]. The marriage was blessed with three children, Mufaro Gumbo (born 2 March 2006), Rufaro Gumbo (born 2 March 2006) and Jesse Fortune Gumbo (born 27 May 2011). On 13 May 2020 plaintiff sued out summons for divorce and ancillary relief. She stated in her declaration that the relationship between the parties has irretrievably broken down to such an extent that there is no reasonable prospect of the restoration of a normal marriage relationship between the parties. She claimed to have suffered... More
This is an appeal against sentence only. On 3 July 2020 the appellants appeared before the Magistrates Court sitting at Kariba whereupon they were convicted on their own pleas of guilty on a charge of contravening s 4(1) as read with s 4(2) of the Firearms Act [Chapter 10:09], that is, possession of a firearm without a certificate. Both were sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on the usual condition of good behaviour. In addition the 303 rifle was forfeited to the State. The effective custodial term in respect of each... More
