In this matter the applicant seeks leave to execute a judgment, it was granted by this court on 17 March, 2005, pending appeal.
The circumstances giving rise to these proceedings are that the applicant owns a shop known as Shop 3, Corner 5 South Avenue and Angwa Street, Harare. The applicant was a successor in title to Southern Properties (Pvt) Limited which had entered into an agreement of lease for a one year period from 1 January 2004 to 31 December 2004. In terms of clause 5 of the agreement the respondent had an option to renew the lease for... More
This is an appeal against an arbitral award handed down at Masvingo on the 14th of October, 2011. The Respondent opposes the appeal and has also noted a cross-appeal against the same arbitral award.
The background facts to the matter are as follows;
The Respondents were employed by theAppellant on fixed term contracts. They were employed as Shop Assistants Grade 4 (as submitted by Appellant and rebutted by Respondent) in respect of Kapitano, Davison Gavaya and Cashier grade 6 (Jane Madondo). The terms of office were supposed to expire in the case of I. Kapitano in May 2011, for D.... More
The applicant approached this court on an urgent basis seeking a provisional order to interdict the respondent from demolishing and evicting residents at stand number 3973 Budiriro 2 Harare. The facts of the matter are that the applicant which is a cooperative invaded the respondent’s piece of land at number 3979 Budiriro 2 Harare and parceled out residential stands to residents without the respondent’s authority. The respondent issued summons for the eviction against the applicant and those claiming occupation through it on the 18th of December 2018 which summons was served on the applicant on the 28th December 2018. A... More
The applicant is a property owning company that leased certain premises to the respondent in terms of a written lease agreement that has been varied from time to time with the written consent of the parties. A dispute arose between the parties as to the payment of rentals for the leased premises resulting in the applicant canceling the lease agreement between the parties on 24 January 2007. At the time of the cancellation of the lease agreement, the applicant alleged that the respondent was in arrears with its rentals to the tune of $ 5 810 000-00. More
On 27th July 2012 the Honourable L.Chibvongodze made an arbitration award. In terms thereof she ordered Appellant to reinstate Respondent’s employment. Appellant then appealed to this Court against the award. The grounds of appeal were two-fold namely,
“1. The Arbitrator erred at law in determining a matter which she had no jurisdiction to determine upon.
2. The Arbitrator erred grossly both on the facts and at law in interfering with the penalty imposed by the Appellant, which penalty was an exercise of discretion.” More
At the hearing of this matter, appellant raised a point in limine, to the effect that the Trade Union representing the respondents cannot do so without showing proof of its authority to represent the respondents.
I reserved judgment on the point in limine, and directed that the parties file supplementary Heads of Argument covering that aspect i.e. the Trade Union’s locus standi in judicio. The parties duly filed their supplementary Heads of Argument. More
Applicant employer filed an application with this court which it styles “Application for leave to correct the record by reinstating missing information in Case No LC/H/298A/13”
Respondent employees are opposed to the grant of such application calling it a disguised application for leave to adduce further evidence on appeal. It is only this application which is addressed by this judgment. More
This is an appeal against the decision of the arbitrator who found that the respondent employees had a legitimate expectation of being re-engaged when their fixed term contracts effluxed by passage of time. The matter has taken almost a decade to be resolved which is surely regrettable and a travesty of justice in the court’s view. More
: On 16 January 2020 the applicant made an application for bail pending trial which I dismissed and I gave reasons for that dismissal, which reasons were explained to the applicant ex-tempo.
On 11 November 2020 Messrs Matsika Legal Practitioners wrote a letter to the deputy registrar requesting reasons why the application was dismissed. These are they.
On 23 August 2018 the applicant was arrested by the police on allegations of Murder. The state alleged that on 31 July 2018, the applicant was arrested by the police on allegations of murder. The state further alleged that on 31 July 2018... More
The respondent instituted proceedings against the applicant in case No. HC 1534/11 seeking payment of the sum of US$47 059,80 for household goods sold and delivered to the applicant on credit. The applicant duly entered appearance to defend the claim prompting the respondent herein to make an application for summary judgment in case No HC 2474/11 on the basis that the applicant had not a bona fide defence to the claim. More
The interesting facts of this case are these. On 12 May 2021 at approximately 1000 hours, the Applicant SUSAN MARY STOOKS, a British Citizen by birth, but who renounced it on 9 May 1961 to acquire Rhodesian and Nyasaland Citizenship by Registration, approached the office of the Department of the Registrar General on her own accord to make an enquiry on the requirements for making an application for the renewal of her passport which is due to expire in August of 2021. She was in peaceful and undisturbed possession of her Zimbabwean passport, her British passport recently issued to her... More
