On 20 March 2012 the applicant obtained an interim order under case number HC 2350/12 directing the first to fourth respondents to restore him to his quiet and undisturbed possession of Plot 4 Sun Valley Borrowdale, Harare also known as Welson Valley. Aggrieved by the said Order the first and second respondents appealed against the order on the same day. More
Appellant claims that the respondent was put on compulsory leave. It is alleged that during investigations, it was uncovered that respondent was committing another misconduct relating to engaging in work which was in direct conflict with his contract of employment as he was working for another agency. Upon being confronted, and with the possibility of a police report, respondent is said to have opted to resign. A mutual termination is alleged to have been agreed to. Respondent is however said to have left and disappeared till appellant received the notice to attend to conciliation from the Ministry of Labour. More
Applicant approached the court for an order that;
“Respondents return motor vehicles, Toyota Hilux Double Cab, Registration Number ABP 5625 and Toyota Hilux Single Cab, Registration Number ABP 5627 to the Applicant immediately upon service of this order pending finalization of the appeal filed by the Respondents at the Labour Office.” More
In this urgent application, the applicant is seeking a provisional order in the following terms:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to the Honourable Court why a final order should not be made in the following terms:- More
This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honorable Court why a final order should not be made on the following terms: -
i. That 1st respondent levies applicant in terms of the Tariff of Sheriff’s Fees and Charges.
ii. That the fee should be in terms of section 6(1)(a) of SI 195 of 2022 as read with section 6(1)(b)(ii) of the Statutory Instrument.
iii. Costs on a punitive scale against respondent jointly and severally. More
This is an application for rescission of judgment.
On the 21st May 2015, the applicants filed an appeal with this court against a determination of an arbitrator from the National Employment Council for Food and Allied Industries. They were represented by Messrs Maeresera and Partners Legal Practitioners. More
MAKONESE J: The applicant is the Executrix Dative of the late Memory Ngwenya who died on the 18th of July 2021. The late Memory Ngwenya was a prominent business woman owning various immovable properties in Bulawayo. A bitter struggle for the control of these properties and other business concerns has led to a flurry of cases being filed in this court. More
This is an appeal against the confirmation of a provisional order issued by the court a quo on 21 May 2020.
The terms of the final order appear at p 398 of the record and essentially interdicted the second respondent herein from removing any equipment from Empress Mine which is at the centre of the dispute. In the same order the appellant was allowed to remove its own equipment from the same mining claim.
Further, the final order also interdicted the appellant, the second respondent, and the fourth respondent from interfering with the first respondent’s mining activities at the mine.... More
The two urgent chamber applications were consolidated upon request by parties, on the basis that the parties are substantially the same and the resolution of one application has a bearing on the outcome of the other. For convenience l will refer to parties by their names.
The background to the case which is undisputed is as follows.Rose Natalie Heuer “Rose” is the owner of several mining claims collectively known as Empress Mine in Mashava. Lugania Investments (Pvt) Ltd ‘Lugania’ is a registered company in terms of the law. Lugania entered into a tribute agreement with Rose to mine at Empress... More
This is an appeal against the respondent’s employer’s decision which resulted in appellant losing her job following allegations that she had performed her duties below what was expected of her by letting 10 000 pens leave dispatch without proper invoicing and 40 rulers also leaving without proper invoicing. The appellant’s contest is on 2 fronts that is she contests the guilty verdict and she also contests the dismissal penalty. More
The plaintiff in this matter seeks payment of the sum $25 million being damages for pain and suffering and contumelia arising out of an assault she alleges was perpetrated upon her person by members of the Zimbabwe National Army. The defendant denies that members of the defence forces assaulted the plaintiff and consequently denies any liability for any assault the plaintiff may have suffered. More
On 18 day of March 2015 the Honourable Arbitrator F. Matanhire issued an arbitral award in favour of the applicant in terms of which the respondent was ordered to pay the applicant the sum of US$10 407.22. The applicant now approaches this court in terms of s 98 (14) of the Labour Act [Chapter 28.01] to register the award so that the award can become an order of this court for it to be enforced. More
At the close of submissions, I dismissed the application stating that the reasons would follow. The following are the reasons. Applicant employed respondent who alleged that he had been underpaid and brought the matter before an arbitrator. The arbitrator found in favour of respondent and applicant appealed against the decision. However, the matter was to suffer many false starts as the then legal practitioners withdrew the appeal. Respondent approached the arbitrator for quantification which was granted. Applicant was dissatisfied with the judgment of the arbitrator and approached this Court for relief. Maxwell J heard the matter and judgment was handed... More
Respondent was employed by Appellant and the contract of employment was terminated. Thereafter Respondent approached a Designated Agent alleging underpayment of wages and terminal benefits. Conciliation failed and the matter was referred to arbitration. More
The issues that fall for determination in this case were two and these were:
1. Whether or not the arbitrator had jurisdiction to deal with the dispute. The dispute being whether or not the National Employment Council for the welfare and educational institutions (NECWEI) had jurisdiction over the matter; and
2. To determine whether or not the applicants were being underpaid from July 2013 to date. More
