This is an application for review of a decision made by the respondent.
The applicant is employed by the Civil Service Commission (previously Public Service Commission) as a Principal Lecturer III. She is based at Harare Polytechnic. She was appointed to that grade on 22 October 1992.
On 22 May 2006 she was appointed to the position of 2nd vice Principal by the then Principal of the Polytechnic, a Mr Raza. This was through a memorandum which was circulated to all Heads of Department of the institution. It reads (p 27 of the record). More
The appellant appealed against an arbitration award in favour of the respondent. The award found that the appellant unfairly dismissed the respondent from its employ and ordered his re-instatement. The appellant’s argument was that the arbitrator erred and misdirected herself in finding that the respondent had a legitimate expectation of the renewal of his contract with the appellant. The respondent opposed the appeal.
The concept of legitimate expectation was introduced into our labour jurisprudence by section 12B (3) of the Labour Act [Cap 28:01] (hereafter called “the Act”). More
This is an appeal against an arbitral award handed down by the Honourable T.S. Sengure on the 30th of June, 2015.
The material background facts are as follows;
The respondent was employed by the appellant on the basis of a fixed term contract for two years. When the contract of employment terminated upon effluxion of time the respondent referred a claim of an unfair labour practice to the National Employment Council for the Energy Sector. More
This is an application for rei vindicatio in respect of a motor vehicle namely Foton Registration AAE 6811, Airtel WIFI Modem serial number 5LL 7517C22027996 and a Tel-One internet moderm presently in possession of the respondent. The applicant claims it is the owner of the property which was issued to the respondent for conducting council business prior to his suspension and dismissal. The applicant contends that it requires the property so as to redeploy some to lawful council business. The respondent having been relieved of his duties is no longer entitled to possess the property in question.
The respondent on... More
On 9 February 2017 this court upheld an appeal by Rusape Town Council and gave the following order:
1. The appeal be and is hereby upheld. The decision of the court a quo is set aside and substituted as follows:
2. The plaintiff’s claim is dismissed.
3. The first respondent shall bear the costs of the appeal. More
This is an appeal against the decision of the Respondent’s Appeals Committee, which upheld the decision of the Disciplinary Committee, in terms of which Appellant was found guilty of misconduct and dismissed from employment. More
This is an appeal against an arbitral award made in favour of the Respondent. The Appellant was ordered to reinstate the Respondent with payment of damages in lieu of reinstatement as an alternative. More
The plaintiff’s claim against the defendant is for the sum of US$14 287 in respect of which the defendant signed an acknowledgment of debt. The plaintiff contends that the said amount is due to it for cigarettes sold by it to the defendant. The defendant on the other hand alleges that the acknowledgment of debt relied upon is a forgery and denies being indebted to the plaintiff. More
The appellant filed a claim in the court a quo, against the respondent whereby she was claiming payment of the sum of US$1 149-00 being the balance in respect of goods advanced to and received by the respondent on credit. The claim was contested on the basis that the respondent owed the appellant much less as she had paid some of the money and returned some of the goods. The respondent conceded to owing the appellant US$380-00. After a full trial, the magistrate made an order that the respondent pays the applicant the amount the respondent admitted owing and absolution... More
This is a combined application for condonation for late noting an application for rescission of a default judgment and an application for rescission of a default judgment in terms of r 27 of the High Court Rules, 2021. More
The plaintiff in this matter claims payment in the sum of $8,150,000.00 by way of damages sustained by her arising from an assault allegedly perpetrated by members of the Zimbabwe National Army on the 4th of June 2003 in Glenview, Harare. The plaintiff avers that the soldiers in question were at the relevant time acting within the course and scope of their employment and that the defendant is therefore vicariously liable for their actions. More
The plaintiff’s claim in this matter, as amended, is for damages in the sum of $2.5 billion as the current market value of the immovable property that was sold to the plaintiff through the defendant. In the alternative, she claims repayment of the purchase price of $220 million paid to the defendant together with interest at varying rates. The defendant denies liability in respect of both main and alternative claims. More
