This matter is a court application wherein applicant seeks the cancellation of title deeds. The relief sought by the applicant is couched in the following More
The appellant’s son one Scott Norman, now deceased andherein after referred to as the deceased owned a cabin cruise boat known as Wandering Star. Before his demise thedeceased entered into a written storage contract with the respondent on 23 November 2009.
In terms of the agreement the respondent was required to provide a shed for the storage of the boat. Clause 3 of the agreement set out the payment of rent modalities. Overdue amounts would attract interest prevailing at the time based on the prime rate levied by Barclays Bank Zimbabwe Limited. More
The respondent in this matter raised preliminary points which were partly successful. It sought to appeal to the Supreme Court but that Court declined jurisdiction at that stage preferring to have the matter referred back to this Court. More
This is an appeal against the decision by the respondent’s appeals tribunal which upheld the decision to find the appellant guilty of acts of misconduct and to dismiss him from employment. When the matter was initially set down, there were preliminary points raised which were disposed of by the Court see order number LC/H/ORD/347/2022. The appellant was grieved and sought leave to appeal against the Court’s decision to the Supreme Court. Leave was granted and the matter was referred to the Supreme Court. The Supreme Court declined to deal with the appeal at that juncture preferring to deal with the... More
The issues for determination in this appeal against an arbitral award are;
“whether or not the claim by the Appellant had prescribed by the time it was referred to a Labour Officer”
It is not disputed that on 24 June 1999 the Appellant was suspended from his work place. On 22 December 1999 he was dismissed.On 10 March 2000 the matter was referred to the Review Board. The Appellant requested for the transcript to enable him to prepare his grounds for review. The transcript was availed to the Appellant on or before 26 July 2000. More
The applicant was on trial before the regional magistrate, Chinhoyi, for rape. He pleaded not guilty. Evidence was led against him. At the end of the case for the prosecution, an application for his discharge was made in terms of s 198(3) of the Criminal Procedure and Evidence Act, [Chapter 9:07], which provides as follows;
“198(3) If at the close for the case for the prosecution the court considers that there is no evidencethat the accused committed the offence charged in the indictment, summons or charge, or any other offence of which he might be convicted thereon, it shall return... More
This is an appeal against the determination of the respondent’s General Manager which confirmed the finding of gross negligence and a penalty of dismissal against the appellant.
The appellant was employed by the respondent as a driver for twenty-five years. On the day in question he was assigned the task of towing a 10 000 litre bowser containing water using a tractor. In the process the tractor broke into two. The appellant was subsequently charged of gross negligence in the execution of his duties in terms of Paragraph 8 of Group D (Serious Offences) of the respondent’s Code of Conduct.... More
This is an application in terms of which the Executor testamentary of the estate of the late Vitalis Musungwa Gava Zvinavashe seeks an order that the Minister of Justice Legal and Parliamentary Affairs appoint an inspector to investigate the affairs of first respondent (a company) in terms of s 158 (a) (ii) of the Companies Act [Chapter 24:03] on the basis that the applicant believes that the said company my have fraudulently and or oppressively conducted its affairs to the prejudice of the deceased estate. More
The matter was placed before me as an application for condonation for late filing of an appeal against the determination of the Designated Agent of the National Employment Council for the Mining Industry which determination was handed down on the 18th of May 2023. The application is filed in terms of Rule 22(1) of the Labour Court Rules, 2017. It is opposed. More
When the applicant files what he or she terms “application for condonation of late noting of appeal” that description of the application suggests that the applicant has noted an appeal late and applies that the late filing should be condoned. The position is that no valid appeal can be noted with such late noting being condoned by application made after the late noting of the appeal. In practice, this description of applications by applicants who are time barred from noting an appeal has somehow come to be accepted as the correct description of such applications. In my view an application... More
This case raises issues regarding minority rights in this country and one hopes, this judgment, in a way, will help spark a frank national conversation of these issues which we appear to have been shy or less enthusiastic to openly discuss.
[2] On 15 August 2014, the plaintiff who is a transgender issued process out of this Court seeking damages against the defendants.
The plaintiff’s claim was framed under different headings as stated hereunder:
“(i) Payment of $100 000.00 being damages for unlawful arrest.
(ii) Payment of $100 000.00 being damages for unlawful detention.
(iii) Payment of US$300 000.00 being... More
This is a court application in which the 2 applicants who are former members of the Central Intelligence Organisation (CIO) seek an order in the following terms:
“IT IS ORDERED THAT: More
The determination of urgency in this matter depends on the efficacy of applicable domestic remedies. Are the remedies concerned “effective, available and adequate” ? The remedies under examination are reposed in the Public Procurement and Disposal of Public Assets Act [ Chapter 22:23] (“the Act”). More
