This is an appeal from a determination made by an arbitrator. The following are the grounds of appeal and I quote:
‘1. The arbitrator misdirected herself on a question of law by failing to determine the application for recusal that had been made before her prior to the hearing of the arbitration on the merits.
2. The arbitrator erred at law in failing to find that she had no jurisdiction to adjudicate over the 2nd respondent’s claim as provided for by Section 63(3a) of the Labour Act Chapter 28:01, despite the fact that he admittedly stated in his submissions that... More
The applicant applied for bail pending appeal. I dismissed the application on 23 November 2020. The applicant has requested for a fully dressed judgment and this is it. The applicant together with his co-accused were charged with and convicted on three counts as follows –
Count 1 related to a contravention of s 45(1)(b) as read with s 45(2) of the Parks and Wildlife Act, [Chapter 20:14]” Possession or sale of specially protected animal.” The details of the charge were that on 25 October 2019 and at Chikura Village, Chief Chundu, Karoi. the applicant and his co-accused were found in... More
Applicant is seeking to be condoned for his late noting of his appeal to the labour court. The respondent employer is opposed to the grant of the condonation relief.
The background to the matter is that following a hearing into the employee’s matter at his workplace the appeals officer directed him to appeal to the labour relation officer. For that the appeals officer cited SI 15/06. It is only when the employee presented before the Labour Relation Officer that he was advised that he was in the wrong forum. By that time he was out of time to appeal to... More
This is an application for condonation of the late filing of an application for review.
The brief facts are as follows. Applicant was in the employ of the Respondent. He fell ill and was granted sick leave in October 2018. After the initial three months on such leave, Applicant was granted a further three months as provided in the Act. Applicant did not report for duty at the end of the second period. Respondent wrote to Applicant in June 2019 informing him that his employment was being terminated with effect from the end of that month. Applicant thereafter filed a... More
The applicants are seeking the following interim relief-
“Pending determination of this matter, the Applicant (sic) is granted the following relief-
1. Upon service of this Provisional Order 1st Respondent be and is hereby ordered to return 1st Applicant’s police clearance certificate seized at Kurima House on 4th March 2017.
2. Upon service of this Provisional Order 1st Respondent be and is hereby ordered to return 1st Applicant’s vehicle registration book seized at Kurima House on4th March 2017.
3. Upon service of this Provisional Order 1st Respondent’s directive for the 1st Applicant to surrender her Toyota Land Cruiser vehicle be... More
The applicant approached this court for the relief of a declaratur. The relief sought is couched in the draft order as follows:
“IT IS HEREBY ORDERED THAT: -
1. Stand number 145 on the Remaining Extent of Saturday Retreat Farm, be and is hereby declared to belong to the Applicant.
2. The 2nd Respondent be and is hereby ordered to pay costs of this Application on an Attorney-Client Scale.” More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court. On 29 May 2015 this court upheld a point in limine that the grounds of appeal in case number LC/H/1056/14 are attacking factual findings without alleging that the findings are grossly irregular amounting to a misdirection in law. Consequently I dismissed the appeal with costs. On 27 July 2015 the present application was filed. The applicant alleges that the judgment of 29 may 2015 was not brought to her attention on time as it was only delivered to her on... More
After hearing counsel we allowed the appeal on the turn. Counsel for the appellant has requested that we provide our reasons in writing for this decision in light of the peculiar facts of this case and its wider impact on similar situations for the issues arising from a charge under s 79 of the Criminal Law (Codification and Reform) Act [Chapter 9:23](“the Criminal Law Code”). More
This is an action for divorce and ancillary relief. The parties are married in terms of the marriage Act, [Chapter 5:11] (Now the Marriage, Act [Chapter 5:17], which marriage was solemnised on 19 January 2007. Not only are the parties resigned to the fact that their marriage has irretrievably broken down and therefore should be dissolved, but they also agree on the distribution of the bulk of their assets as between them. They however remain poles apart on two outstanding issues namely:
a) The custody of their child Kudzaishe Magande (born on 9 August 2010) who, of their three children,... More
This is an appeal against an arbitral award made in favour of the respondents.
The three respondents were employed by the appellant in different capacities on fixed term contracts of one month at a time. The contracts were continuously renewed to the extent that the first respondent worked for appellant for a period of 7 years 6 months, the second respondent worked for 1 year 3 months and the third respondent worked for 1 year 7 months. On
30 September 2010 the three respondents were advised by the appellant orally after work not to report for duty the following day... More
The brief history of this matter is that the respondents were employed by the appellant. It is alleged that the respondents made a report at Mega Park and when an audit report was carried out the report was found to be false. They were suspended from duty on 4 November 2010 on allegations of making a false report. A disciplinary hearing was conducted and the respondents were dismissed from work. More
The plaintiff is a company duly registered in terms of the Companies Act Chapter 24:03 and carrying on business at 3rd Floor Mership House, J.M. Nkomo Street/9th Avenue, Bulawayo. The defendant is a body corporate with perpetual succession capable of suing and of being sued in its corporate name, performing all acts that a body corporate may by law perform. More
The applicant has approached this court for an order in the following terms:-
1. It is declared that the lease agreement between the applicant and respondent dated 16 April 2007 in respect of 5 Martin Drive Msasa does not confer upon respondent any option to renew the lease.
2. The respondent shall pay the costs of this application in the event of it being opposed by the respondent More
This is a doubled barreled application for condonation for the late filing of an application for rescission of judgment as well as the actual application for rescission of the default judgment in question. Inevitably, the outcome of the first determines whether the second will proceed or not. Both applications are opposed. I dismissed bothex-tempore and these are the reasons following the request by the applicants. The application is best appreciated within the context of its brief factual background. The summarized narrative is that applicants, a duly incorporated Company, in the fuel business entered into a fuel deal with the respondent.... More
This is an application for a spoliation order. The bare bones of the matter are these:
The first respondent owed the applicant US$149 000-00. That debt has since ballooned to US$200 000-00. On 31 January, 2012 the applicant and first respondent concluded a compromise agreement in an endeavour to restructure the debt. The salient terms of the agreement were that effective 1 February, 2012, the applicant would assume the management of the retail fore court of the service station at stand 96A Norton Road, Norton which is under lease by the first respondent; the applicant would pay the first respondent... More
