: The plaintiff issued summons out of this court seeking a decree of divorce and other ancillary relief. The facts of this matter are not in dispute and may be summarized as follows. The plaintiff and defendant are husband and wife. They married in terms of the Marriages Act [Cap 5:11] on 24 August 1996. They have one minor child a little boy aged 11. In 2008 the parties separated due to marital differences. They have not lived together as husband and wife since that time. They are both certain that the marriage has broken down to such an extent... More
This is an application for condonation of late noting of an appeal and extension of time to note an appeal.
The applicant is a former member of the Zimbabwe Republic Police. He was a constable. Following allegations of misconduct, he was charged and was tried before a single officer. He was found liable and sentenced to 7 days imprisonment at Fairbridge Detention Barrack. He did not appeal against the decision. On 30 December 2016, the applicant was discharged from service after a board of suitability made recommendations to the first respondent for his dismissal. The applicant noted an appeal to... More
This is an appeal against the whole judgment of the Labour Court handed down on 16 December 2016 whereby it upheld the appeal by the respondent and set aside the decision of the NEC Appeals Board for The Banking Undertaking (the NEC Appeals Board). The latter had set aside the decision of the Disciplinary Committee dismissing the appellant. More
This is a chamber application for the dismissal of respondent’s action under case number HC 2474/16 made in terms of Rule 75 (1) of the High Court Rules 1971 on the ground that it is frivolous and vexatious. More
The background facts are that the applicant was employed as a Manager at Hard Chrome Company. He was charged with two acts of misconduct arising from allegations that he had on the 35th November 2009 paid $100.00 as booking fees for Mlibizi Lodge without seeking approval. He then from December 24th – 31st 2009 abused the facility at Mbibizi by allowing Mr Du Sat who was not a company employee and his family to occupy the company facilities for 8 days using applicant’s receipt thus prejudicing the company of $1 419.00. On the second count it was respondent’s allegation applicant... More
This is an application in which the applicant, Samuel Mugano seeks joinder to case Number HC 14134/12 of the first respondent, a registered Trust called Fintrac. It is a matter in which applicant (as defendant) is being sued by the second respondent ZFC, (as plaintiff) for a debt of US$58 034.45 for inputs received from it in the form of seed potato, fertilisers and chemicals some time on December 2011. Applicant is one of a group of 234 farmers called Bende Farmers, in Nyanga, who received these inputs from the second respondent. More
Appellant was charged with acts of misconduct in terms of Section 5.3 of respondent’s Code of Conduct. These were:-
4.3 (XV)
1. Disrespectful conduct
it being allegedthat on or about the 20 August 2014 he wrote and distributed electronic mail addressed to Shinhara – San, copied to PravianKara and blind copied to selected respondent’s employees, in which he made disrespectful reference to Miss Y Gatsi the Human Resources Manager.
4.3 (XVI)
2. Use of abusive or insulting language-
it being alleged that by the same electronic mail, he abused and insulted Y Gatsi by calling her “a monkey, wombless that... More
After filing several unmeritorious applications in this court, which were either dismissed or withdrawn a decree of perpetual silence was issued by this court per CHIKOWERE J on the 11th of February 2019. The applicant was ordered not to institute any action of whatever nature with respect to a certain piece of land situate in the District of Bulawayo known as Stand 14475 Bulawayo Township of Stand 15038 Bulawayo Town Ship measuring 1 600 square metres (hereinafter referred to as “the property”). Applicant was ordered not to issue any court process commencing action, or set down any matter already filed... More
The matter was placed before me as an application for condonation for the late noting of an appeal against the determination of the Respondent’s final Appeal Authority. The application was opposed. After hearing arguments and upon consideration of the record of proceedings I handed down an order dismissing the application. I indicated that the reasons were to follow. I set out hereunder my reasons for the order More
The plaintiff married the defendant on 23 December 2000 at Rusape in terms of the Marriages Act, [Cap 5:11]. The marriages still subsists. They had however commenced living together as husband and wife about two or three years before that date. Their union was blessed with one minor child born on 20 June 1997. At the time plaintiff and defendant started staying together plaintiff had not yet finalized his divorce from a previous marriage. More
This is an application for rescission of judgment. On 29 August 2020 this court handed down a default judgment order against the applicant employee when he failed to show up on the hearing date. Aggrieved by the default order the employee has now approached this court seeking to have that default order set aside. More
The applicants approached this court for a review of the decision of the first respondent to cancel their lease agreement which was issued under the land reform and resettlement programme. More
This is an application for extension of time within which to apply for leave to appeal.After hearing submissions from both parties I reserved judgment More
Appellant worked for Respondent at Beitbridge Border Post. On 12th August 2005 she was charged with misconduct. A hearing was held on 22nd August 2005. She was found guilty and punished by dismissal. She appealed. On 31st August 2005 Respondent’s Appeals Committee heard the matter and dismissed the appeal. Appellant then appealed to this Court. More
The applicant, San He Mining Zimbabwe [Pvt] Ltd [“San He”], has brought a combined application in respect of an arbitral award, on 28 July 2022 by the second respondent, the arbitrator, retired judge, Mr Justice Chinhengo. On the one hand it seeks the setting aside of that portion of the award adverse to it. On the other hand, it seeks the registration of that portion of the award beneficial to it, but as amended. The combined application is said to have been brought in terms of the United Nations Commission on International Trade Law [UNCITRAL] Model Law, an annexure to... More
