The respondent raised a point in limine that the grounds of appeal do not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01]. Section 98 (10) provides
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
What constitutes a question of law has been authoritatively answered in numerous cases including Sable Chemical Industries (Pvt) Ltd V Easterbrook 2010 (1) ZLR 342 and Reserve Bank of Zimbabwe v Corrine Granger & Another 2001 ZLR (10 sc. In those... More
This is an appeal by the Appellant Company against the decision of the General Engineering Committee (G.E.C) which had set aside the Respondent’s (“the employee’s”) dismissal on charges of stealing paint from his workplace. More
This is an appeal against an arbitral award.
The respondent was employed by the appellant as a contract manager at Unki Mine a subsidiary company of the appellant.
The respondent was entitled to various allowances including housing, education assistance and annual bonus.
Before the country migrated to the multi-currency system in 2009 the respondent received his housing allowance on a monthly basis. From January 2009 the appellant paid its employees in United States dollars and the respondent’s housing allowance was not paid from that time. More
This is an appeal against the judgment of the Magistrates Court in which the court a quo gave the following order after a full trial;
“Judgment of absolution from the instance be and is hereby granted.” More
The applicant was arrested together with 5 co-accused with whom he is jointly charged of 6 counts of armed robbery. He has applied for bail pending trial
In his application for bail the applicant argued that he has no previous convictions and has a permanent place of residence and has no propensity to commit crime. He also denies vehemently that he was involved in any of the offences that the State alleges he committed with his co-accused. He further argued that he is operating a successful company pioneering new technology and inventions and is famous for the good work he... More
In 1998, the appellant moved onto stand number 1957 Chinamano Extension in Epworth, with the blessings of one Sophia Jera (“Sophia”), the then registered tenant in respect of the property. Subject to the land being subdivided with the consent of the local authority, he would purchase a portion of the land. He paid a certain sum of money to Sophia for such purchase. The exact amount that he paid was in dispute during the trial and it is not important for the purposes of this appeal that we determine its quantum. In making the payment, the appellant believed that he... More
Respondent was employed by the appellant as an office orderly/clerk when he was charged of contravening schedule 4 of the National Employment Council Welfare and Educational Institutions Code of Conduct (the Code), in particular section 4.23 for having committed sexual harassment. The facts giving rise to the charges were that he was alleged to have sexually harassed some female students by being sexually abusive and improperly associating with them. More
The applicant seeks the following order:-
“IT IS ORDERED THAT
1. The agreement of sale between the applicant and the 4th respondent made and entered into on 30 June 3018 be and is hereby declared lawful and legally binding.
2. The applicant be and is hereby declared to be the lawful holder of fifty percent (50%) shares in Enfield Syndicate the registered holder of seven (7) hectares of Gold Dump Claims in the mining location known as Coronation 2.
3. The 3rd respondent be and is hereby ordered to immediately transfer the fifty percent (50%) shares in Enfield Syndicate from... More
The appellant appealed against the decision of a Magistrate who ordered her to return the cattle, goats and money which had been attached in execution to satisfy a judgment which had been granted in her favour by the Chief’s court. The respondent, who was the appellant in the Magistrate’s court, opposes the appellant’s appeal. More
In a judgment dated the 13th of November 2019 issued under MBR CRB 2580/19, appellant was found guilty of two counts under the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Act) to wit:-
Count 1- theft of trust property as defined in s 113 (2) (d) of the Act in that:-
On the 30th of August 2018 at Tsiga Grounds Mbare Harare, Sarudzai Harry (appellant) in violation of a trust agreement which required her to sell 187 packets of MAQ Surf valued at US$850 on behalf of Juliana Chimutwe (complainant) and to hand over the cash after the... More
The applicant claims the return of the movable property itemized in para a of the interim relief. The applicant has failed to establish ownership of the five trucks and six as itemized. More
On 6 October 2022, an appeal against the judgment of the Magistrates Court sitting at Harare, handed down on 22 June, 2022, under case number 1349/22 was upheld with costs. Reasons for the decision have been requested. These are they. More
The appellant in this matter was convicted of rape as defined in section 65 of the Criminal law Codification and Reform Act (Chapter 9:23). The allegations were that appellant had anal intercourse with the complainant Sabina Dube sometime in June 2017. Appellant was sentenced to 12 years imprisonment with 3 years imprisonment suspended on the usual conditions. More
On 11 February 2010 the plaintiffs herein issued out summons against the four defendants for payment of the sum of US$48 518-50 jointly and severally, the one paying the others to be absolved, interest on the said sum and costs of suit. Only the first and the third defendants entered appearance to defend. The first defendant then filed an exception to the summons and declaration after requesting and being furnished with further particulars. The third defendant has not filed any further pleadings. More
This is an application for absolution of the first defendant from the instance, at the close of the plaintiff’s case. The matter was originally heard as an opposed Court Application. It was then referred to trial, the court having then found that there was a dispute of fact which could not be resolved on the papers without oral evidence being presented to the court. More
