The applicant approached this court on an urgent basis seeking the following relief:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
(a) 2nd Respondent be and is hereby barred from impounding Applicant’s title deeds.
(b) 2nd Respondent be and is hereby barred from refusing to register the transfer of Applicant’s stands at 1st Respondent’s instance excerpt in accordance with a Court order.
(c) 1st Respondent shall not apply to any Court in Zimbabwe for an order barring 2nd Respondent from registering the transfer... More
The parties entered into an instalment sale of a residential stand situate at Rydale Ridge Park being Stand Number 3047 on 7 September 2018. The purchase price was US$18 500.00 payable on the following terms: US$5 000.00 deposit and US$563.00 per month paid over a period of 24 months beginning on 1 October 2018.
If mathematics is still a trusted science, the last and final instalment would have been on 1 September 2020. Key in the agreement of sale and to these proceedings between the parties are clauses (a) and (b) of the Agreement of Sale which read as follows:... More
This is an appeal against the award granted by honourable arbitrator Y Malama on 17 September 2014. The award is couched as follows
“Having made the above observation, I award that the employees were unfairly dismissed and should be reinstated to their original positions without loss of salary and benefits from date of dismissal and that if reinstatement is no longer an option the employees be paid damages in lieu of reinstatement, the quantum of which parties may agree and that failure to agree either party may refer the matter back to the arbitrator for quantification of such damages.”
The... More
The Respondent was employed by the Appellant as a Flight Lines Engineer. He was employed on the basis of a fixed term contract from the 1st of October 2021 to the 30th of September, 2024. The Respondent’s employment was terminated on the 31st of January, 2023. The Respondent being aggrieved by a perceived unlawful termination referred the dispute to a Labour Officer. The matter was set down for conciliation. The parties however failed to reach conciliation. A Certificate of No Settlement was issued although it does not form part of the record. The Labour Officer then proceeded to hear oral... More
The applicant is the holder of title of a certain piece of land in the District of Salisbury Called Stand 45A Ardbennie Industrial Township(hereinafter referred to as “the property”). On 27 September 2016, applicant and the respondent entered into an agreement of sale in respect of the property. More
This is an appeal against the decision of the Magistrates Court sitting at Chiredzi wherein it granted respondent’s application for spoliation in respect of a piece of land situate in the Lowveld district of Chiredzi, namely subdivision 111 of Mkwasine Central, Chiredzi (“the piece of land’). The appellant attacks the decision of the court a quo on two broad grounds namely that it (i.e. court a quo) ought to have declined to entertain the application for spoliation as essentially the same dispute pitting the same parties was pending in a different court case. The argument therefore is that the court... More
This is a matter in which I stayed my decision pending the determination of an appeal in case number CA197/07. The appeal was determined on 5 October 2011 but the respondent in this case promptly noted an appeal with the Supreme Court against the judgment of HLATSHWAYO J. The parties submitted that the determination of the matter again be stayed pending the decision of the Supreme Court. By letter dated 29 October 2012 the parties advised that the appeal before the Supreme Court had been removed from the roll by consent of both parties. Thus, as there is no longer... More
This is an appeal against an arbitral award handed down on 27 May 2013 the operative part of which reads as follows;
“That it be, and is hereby, ordered that the dispute be remitted back to the designated agent of the Employment Council for the Undertaking of Harare Municipality who is seized with matter for disposal.” More
The Appellants in this case engaged in a collective job action.
The employer brought disciplinary proceedings against the Appellants and found them guilty and dismissed then. They appealed against the decision to dismiss them but were unsuccessful before the Designated Agent of the National Employment Council for the Motor Industry. More
This is an application for confirmation of a draft ruling by a Labour officer, the applicant.
The 2nd respondent, hereinafter referred to as the employee was employed by the Zimbabwe Revenue Authority, the 1st respondent (ZIMRA).
The background facts
These are common cause. I will just include them here for completeness. More
CORRIGENDUM
After the release of the order in this case Order No LC/H/ORD/376/19 it has been noted that paragraph 3 of that order erroneously refers to $12904 instead of $1204. The order is accordingly corrected to read $1204 in paragraph 3 instead of $12904. More
After the release of the order in this case Order No LC/H/ORD/376/19 it has been noted that paragraph 3 of that order erroneously refers to $12904 instead of $1204. The order is accordingly corrected to read $1204 in paragraph 3 instead of $12904. More
Sometime in February 2012, the plaintiff and the defendant entered into a written agreement of sale in terms of which the defendant sold to the plaintiff an undivided share representing shop number F12, which was to be constructed on a property known as Subdivision B and C of Subdivision C of Lot 15 Block C of Avondale, Harare. The negotiations involved an offer of a smaller shop valued at US$35 000 and shares with a value of US$35 000. Both proposals were apparently rejected by the purchaser.
According to the plaintiff, the defendant breached the agreement in that it failed... More
