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
MABHIKWA J: The applicant in this matter was charged with and convicted of the crimes of firstly contravening section 65 of the Criminal Law (Codification and Reform) Act, Chapter 9:2 – “Rape” and secondly contravening section 67 (1) (a) (i) of the same Act, “Indecent assault.” The applicant was subsequently sentenced by the Regional Magistrate’s Court sitting at Bulawayo to 16 years imprisonment of which 3 years imprisonment were suspended on conditions. Having filed a Notice of appeal against both conviction and sentence, the applicant has filed the current application for bail pending appeal. More
On 8 January 2020, the High Court ordered the appellant to pay to the first respondent:
1. the sum of US$877 435 being the outstanding meteorological weather services fees (Met fees) for the period January 2006 to 30 April 2014;
2. all and further outstanding Met fees from 1 May 2014 to the date of final payment;
3. interest on the above sums at the prescribed rate from the date of the service of summons to date of final payment; and
4. costs of suit on a legal practitioner and client scale. More
The delay in the determination of this matter requires explanation.
This application was first heard on 28 September 2009. At that time Advocate Mandizha and Mr Mahlangu represented the applicants and first respondent respectively. The matter was then postponed to 30 September 2009 for continued hearing. However, the matter was only heard again on 21 October 2009 whereupon the applicant’s legal practitioner indicated the intention to apply for leave to file a supplementary affidavit. The respondent clearly indicated its intention to oppose the application. I then postponed the matter sine die in order to allow the applicants to file a... More
This is an appeal against the whole judgment of the Labour Court handed down on 8 April 2016 under case number LC/H/994/15, in terms of which the determination of an independent disciplinary authority against the respondent was upheld by the court a quo. More
This is an application for rescission of a default order granted by this court on 29 March 2010. The order reads as follows:
“IT IS ORDERED THAT:
The judgment with costs be, and is hereby entered for plaintiff in the sum of US$17 116.00 with interest thereon at the prescribed rate from 20 July 2009 to date of payment.” More
On 15th October 2015 at Harare, Arbitrator M. Kazembe issued an arbitration award. In terms thereof he dismissed Appellant’s appeal against the penalty imposed on Respondent by the disciplinary authority. Appellant then appealed to this Court against the award. Respondent opposed the appeal. More
The matter was referred to the designated agent to deal with claims raised by the appellant’s employees. The employees were employed in various capacities. The employees alleged that they had their contracts of employment unfairly terminated by the appellant, further, the employees alleged that they were being underpaid. More
