This case epitomises the need for legal practitioners to have clarity of mind in deciding on a cause of action they wish to rely on. Such clarity of mind would serve to curtail pursuing untenable positions. More
Plaintiff and defendant married each other on 3 April 2013 in terms of the then Marriage Act [Chapter 5:11]. The marriage was blessed with three children, Mufaro Gumbo (born 2 March 2006), Rufaro Gumbo (born 2 March 2006) and Jesse Fortune Gumbo (born 27 May 2011). On 13 May 2020 plaintiff sued out summons for divorce and ancillary relief. She stated in her declaration that the relationship between the parties has irretrievably broken down to such an extent that there is no reasonable prospect of the restoration of a normal marriage relationship between the parties. She claimed to have suffered... More
This is an appeal against sentence only. On 3 July 2020 the appellants appeared before the Magistrates Court sitting at Kariba whereupon they were convicted on their own pleas of guilty on a charge of contravening s 4(1) as read with s 4(2) of the Firearms Act [Chapter 10:09], that is, possession of a firearm without a certificate. Both were sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on the usual condition of good behaviour. In addition the 303 rifle was forfeited to the State. The effective custodial term in respect of each... More
This is an application for review of a decision made by the respondent.
The applicant is employed by the Civil Service Commission (previously Public Service Commission) as a Principal Lecturer III. She is based at Harare Polytechnic. She was appointed to that grade on 22 October 1992.
On 22 May 2006 she was appointed to the position of 2nd vice Principal by the then Principal of the Polytechnic, a Mr Raza. This was through a memorandum which was circulated to all Heads of Department of the institution. It reads (p 27 of the record). More
This is an application for rescission of a judgment entered in default on the 12th of September 2024, under Case No. 3413. The application is made in terms of 29(1) of the High Court Rules, 2021.
The terms of the final order which is sought to be partially rescinded are as follows:
1. First respondent be and is hereby ordered to make joint efforts with applicant to ensure that title for Lot 1A Johannesburg Farm situated in the district of Chegutu is passed to second respondent.
2. First respondent be and is hereby ordered to ensure that the second respondent... More
The appellant appealed against an arbitration award in favour of the respondent. The award found that the appellant unfairly dismissed the respondent from its employ and ordered his re-instatement. The appellant’s argument was that the arbitrator erred and misdirected herself in finding that the respondent had a legitimate expectation of the renewal of his contract with the appellant. The respondent opposed the appeal.
The concept of legitimate expectation was introduced into our labour jurisprudence by section 12B (3) of the Labour Act [Cap 28:01] (hereafter called “the Act”). More
This is an appeal against an arbitral award handed down by the Honourable T.S. Sengure on the 30th of June, 2015.
The material background facts are as follows;
The respondent was employed by the appellant on the basis of a fixed term contract for two years. When the contract of employment terminated upon effluxion of time the respondent referred a claim of an unfair labour practice to the National Employment Council for the Energy Sector. More
This is an application for rei vindicatio in respect of a motor vehicle namely Foton Registration AAE 6811, Airtel WIFI Modem serial number 5LL 7517C22027996 and a Tel-One internet moderm presently in possession of the respondent. The applicant claims it is the owner of the property which was issued to the respondent for conducting council business prior to his suspension and dismissal. The applicant contends that it requires the property so as to redeploy some to lawful council business. The respondent having been relieved of his duties is no longer entitled to possess the property in question.
The respondent on... More
On 9 February 2017 this court upheld an appeal by Rusape Town Council and gave the following order:
1. The appeal be and is hereby upheld. The decision of the court a quo is set aside and substituted as follows:
2. The plaintiff’s claim is dismissed.
3. The first respondent shall bear the costs of the appeal. More
This is an appeal against the decision of the Respondent’s Appeals Committee, which upheld the decision of the Disciplinary Committee, in terms of which Appellant was found guilty of misconduct and dismissed from employment. More
This is an appeal against an arbitral award made in favour of the Respondent. The Appellant was ordered to reinstate the Respondent with payment of damages in lieu of reinstatement as an alternative. More
The plaintiff’s claim against the defendant is for the sum of US$14 287 in respect of which the defendant signed an acknowledgment of debt. The plaintiff contends that the said amount is due to it for cigarettes sold by it to the defendant. The defendant on the other hand alleges that the acknowledgment of debt relied upon is a forgery and denies being indebted to the plaintiff. More
