This is an appeal against a judgment of the Labour Court dated 27 September 2013. After hearing argument we made an order allowing the appeal in part and indicated that the reasons thereof would be availed in due course. More
This is an appeal against the decision of the National Employment Council for Welfare and Educational Institutions Appeals Committee ( the Appeals Committee)which was handed down on the 7th of December 2023. In the present appeal the appellant has raised 3 grounds of appeal. The matter was heard before me on 3 March 2024. More
The appellant is a former owner of Clifton of Lang, Mberengwa, measuring 2025, 8116 hectares (the farm). The farm was acquired by the Government and became State land in terms of the Government Gazette Extra Ordinary Volume LXXVIII No. 50, General Notice 457A of 2000 published on 6 October 2000. More
The background facts to this matter are that respondent was initially offered employment as a teller by appellant. He was to be employed with effect from 1STApril 2010. On the day of commencement of work, the 1STApril 2010, appellant terminated (the first termination) respondent’s employment on the allegation that he had failed to meet certain security requirements. Respondent challenged this through the Ministry of Labour on the basis that appellant had relied on incorrect information. Appellant reconsidered its position and reinstated respondent on 29THMay 2010. More
This is an appeal against the whole judgment of the Labour Court dated 25 September 2017. The facts giving rise to the appeal are by and large common cause. More
This is an appeal against the decision of the Appeals Board of the National Employment Council for the Banking Undertaking (Appeals Board). The Appeals Board set aside the dismissal of the respondent, and ordered the appellant to reinstate him without loss of pay and benefits. The appellant’s Hearing Officer had dismissed the respondent from employment after finding him guilty of misconduct. More
The plaintiff is a registered commercial bank. On 15 October 2003 it issued summons against the defendant. On 1 March 2004 the defendant excepted to the summons and declaration. The exception was upheld by this court on 31 January 2005. It was granted in default. As a result of the order granted therein the plaintiff filed an amended declaration on 18 February 2005. The defendant then sought further particulars on the amended declaration which particulars were filed on 18 May 2005. On 15 June 2005 the defendant filed an exception to the amended declaration. On 21 July 2005 the plaintiff... More
Barrack Obama in his work titled “The Audacity of Hope: Thoughts on Reclaiming the American Dream”, 2007 Canongate Books at p.48, posited that:
“The legal profession tends to place a premium on winning an argument rather than resolving the problem or arriving at the truth.”
The above is properly called being eristic. Depending on one’s persuasion, it can be either a trait or a virtue. There were times in the course of reading the papers in this application and during argument that I couldn’t help but think that one or the other of the parties was being eristic. Both counsel... More
This is a simple application for an anti-dissipation interdict barring the first respondent from selling or in any way disposing of his property known as certain piece of land situate in the district of Salisbury called Stand Number 5428 Budiriro Township of Willowvale Estate held under Deed of Transfer 2686/98, pending finalization of applicant’s suit against the first respondent under Case Number HC 3320/17. The basis of the application is that the first respondent is a former employee of the applicant. He was employed as the Chief Teller at applicant’s Minerva Banking Suite. As part of his day to day... More
On 10 March 2010 the plaintiff issued summons against the defendant praying for the following relief:
“(a) Payment of the amount of USD80 421-84
(b) Interest thereon at he rate of 9.07% per annum
(c) Costs of suit”. More
This is an application for review at the instance of the applicant bank. At the onset of the matter the parties agreed by consent that all the preliminary points bedevilling the matter be abandoned so that the matter could be dealt with on the merit. This judgement therefore only concerns itself with the merits of the matter. Two issues were raised by the review. Firstly applicant says that the Designated Agent did not have jurisdiction to deal with the matter since there were internal remedies which the employee could use to have his grievances addressed. Secondly applicant says that the... More
The applicant applies for summary judgment against the respondent in the sum of US$26 127.56 with interest at 25.8% per annum from 7 February 2014 to the date of full payment. More
Plaintiff issued summons against the defendants claiming $3 070 207.04 representing money lent and advanced to the first defendant in terms of a short term overdraft facility agreement between plaintiff and the first defendant and in respect of which second and third defendants acted as sureties and co-principal debtors. More
On 5 April 2012 respondents, under an exparte application in case number HC 3694/12, were granted an Anton Pillar provisional order by this court. The terms of the interim relief were: More
