At the conclusion of the oral submissions the Court dismissed the appeal stating that the reasons would follow. The following are the reasons.
Appellant was employed by the Respondent. He is alleged to have been arrested whilst in possession of a quartzite stone. A subsequent Disciplinary Committee hearing found him guilty and he was dismissed. More
The applicant is a Pakistan national who has been resident in Zimbabwe under the cover of a temporary employment issued by the first respondent on 7 June 2008. He has since been involved by way of employment in the purification and bottling of drinking water. He has done so in partnership with others. In May 2010 he and his partners obtained an investment licence in terms of the Zimbabwe Investment Authority Act [Cap 14:30]. Thereafter he sought to submit an application for a residence permit as an investor. He was advised that his file was missing and that he must... More
This is an appeal against the whole judgment of the High Court handed down on 24 September 2018 wherein it granted the first respondent’s claim against the appellant. More
On 12 November 2015 applicants filed an application for condonation for late filing of an application for review. The founding affidavit was deposed to by 1st applicant. 11 affidavits were filed in support of the founding affidavit. Applicants place the blame for not complying with the rules of Court on their erstwhile legal practitioner who renounced agency. On 25 November 2015 respondents filed their notice of opposition. They raised a point in limine that first respondent was improperly cited as there is no office of an appeals chairman at the 2nd Respondent. An appeals committee is appointed on an ad... More
These are confirmatory proceedings for the placing of applicant under final judicial management. Mr Antiock Kurauone is the current provisional judicial manager. What is disputed is not whether the company should be placed under final judicial management but whether this should be done whilst retaining Mr Kurauone as the judicial manager. The applicant argues that it is not for the respondent to decide on who is a fit and proper person since the Master did not raise any issue regarding Mr Kurauone’s suitability. More
This is a court application for condonation of late filing of a court application for review in terms of Order 40 r 359 (8) of the High Court Rules. This judgment is in respect to a preliminary point raised by the 2nd to 4th respondents (hereinafter referred to as the respondents). More
Plaintiff issued summons claiming from the defendant-
(a) payment of $72 000 000;
(b) interest at the prescribed rate from the date of demand of full payment; and
(c) costs of suit.
The issues that were referred to trial were:
“(i) Whether or not Plaintiff contributed to the purchase of Stand Number 6888, Zimre Park, Ruwa and to the developments therein, and if so, to what extent.
(ii) Whether the Plaintiff is entitled to 40% of the value of the house or any other percentage thereof.” More
This is an appeal at the instance of the appellant employees and a cross appeal at the instance of the respondent employer.
The background to the matter is that the appellants and the respondent were in a contractual arrangement where the appellants were providing roving merchandising services to the respondent. They would go around supermarkets like TM and Spar advertising the respondent’s products. In return they would be paid for those services. In April 2020 they were stopped from carrying out their merchandise services by the respondent citing the COVID 19 pandemic. As at the time when they were stopped... More
Appellant was employed as a teacher at St. Killian’s School. He is alleged to have committed acts of misconduct which resulted in him being brought before a Disciplinary Committee. The Disciplinary Committee found him guilty on certain of the charges and recommended his dismissal. Appellant is dissatisfied with this decision and has appealed to this Court. More
The applicant has approached this Court in terms of S 98(14) of the Labour Act [Chapter 28:01] for registration of an arbitral award. The draft order for the present application is as follows:
“1. The arbitral award dated 28 May 2012 by the Arbitrator Ms L. Chibvongodze and quantified by the Arbitrator Mrs L. Sigauke on 1 March 2016 be and is hereby registered as an order of this Honourable Court.
2. The respondent shall pay the applicant a total sum of $72 000.00 (Seventy-two thousand Dollars) in terms of arbitral award.
3. Here shall be no order as to... More
The applicant approached this court seeking an order for specific performance. More particularly, the relief sought by the applicant is couched in the following way:
“1. Judgment be and is hereby entered in favour of applicant as against 1st, 2nd and 3rd Respondents, jointly and severally, the one paying and the other to be absolved.
(a) That Respondents be and are hereby ordered to surrender the Applicant’s title deeds held in the name of the Applicant under deed of transfer 4373/2012 to the Applicant.
(b) that any encumbrance placed on the said property, be and is hereby set aside.
(c)... More
The plaintiff instituted proceedings against the defendant, a minibus driver who has since died, and the second defendant, the owner of a minibus registration number WPPG 938GP registered in South Africa, for damages in the sums of US$7 865-89 special damages, US$30 000-00 for pain and suffering, permanent disability and loss of amenities of life, US$10 000-00 for future medical expenses and US$20 000-00 for loss of earning capacity. More
Appellant worked for Respondent as a Headmistress at Dzivarasekwa in Harare. She was transferred to another school. An audit was conducted which led to charges of misconduct being leveled against her. A hearing was held which found her guilty of misconduct. As a result, she was dismissed from employment by Respondent. She then appealed to this Court against her dismissal. Appellant faced a number of charges. Her argument in this Court was that Respondent failed to prove its case against her. In essence she sought to have this Court give its determination on the evidence on record. More
This is a claim for damages arising out of a road traffic accident which took place along the Harare-Bulawayo highway on 7 December 2013. The accident involved a head-on collision between a bus belonging to the second defendant and a haulage truck More
This application for a declaratur was made in terms of s 14 of the High Court Act [Chapter 7:06], and the applicant petitioned the court to declare null and void, a certificate of registration in respect of nine gold reefs that were registered in the name of the first respondent. The declaratur was sought on the grounds that the claim was registered on ground that was not open to prospecting and pegging and that it was registered in violation of the prior pegger principle. The applicant and the first respondent are both mining entities registered in accordance with the laws... More
