MABHIKWA J: The applicant issued summons against the 1st respondent out of the Magistrates’ Court at Kwekwe in case number KK 07/19. The now 1st respondent was the defendant whilst the now 2nd respondent was the trial magistrate in that case. The facts of that matter are not important in this judgment but briefly, they related to an alleged improper use of a hire truck belonging to the applicant. The 1st respondent, who was an employee of the applicant, allegedly misused the truck for hire for personal gain. The applicant demanded the value of the hire fees from him. 1st... More
This is an appeal against an arbitral award wherein the arbitrator held that Respondent had been constructively dismissed as his resignation on the 31st January, 2011 was as a result of intolerable situations Appellant had subjected him to. The arbitrator also held that the caveat subscriptor rule did not apply to Respondent’s action for constructive dismissal as he signed the document only for the collection of his leave pay and January 2011 salary. More
The present feud has its genesis in matters of employment law. The first and second respondents are the third respondent’s managing director and human resources manager respectively. The Applicant was employed by the third respondent as a manager. In 1995 he was dismissed from employment by the respondents. On 21 December, 1999, the Employment Council for the Banking Undertaking which heard the applicant’s appeal, resolved that an incorrect Code of Conduct had been used and ordered that the applicant “should be reinstated with full pay and benefits from the date of his initial discharge, to the date that the hearing... More
This is again another application which raises the issue of guardianship rights and the circumstances under which a parent may be divested of such rights. The application was initially allocated to CHATUKUTA J who raised a query with the legal practitioner on 28 December 2010. When this query was not responded to, she then referred the matter to the Family Court Division of the High Court on 18 October 2011. On receipt of the chamber application I then requested the Registrar to invite the applicant’s legal practitioner to come in so that I could discuss his application with him as... More
This matter was set down as an application for the rescission of a judgment which was handed down in default of the applicant employer. On the hearing date the respondent raised a point at the outset. The point was meant to dispose of the matter without going into the merits. It is this point as the outset which is the subject of this judgment.
The background to the matter is that the respondent employee was dismissed from applicant’s employ on allegations of certain misconduct in contravention of the National Code of Conduct. The matter ended up at arbitration where the... More
This is an opposed application wherein applicant seeks the following relief:-
“IT IS HEREBY ORDERED
1. That applicant was on a contract without limit of time.
2. That the variation of the applicant’s contract of employment is null and void
3. That the fixed term contract be taken to never have existed and that the respondent reinstates the applicant to his employment as if the purported termination of contract never happened.
4. That there be no order of costs if application is not opposed.” More
This is an appeal against the decision of the respondent’s Appeals Committee. The Appeals Committee upheld the Disciplinary Committee’s decision to dismiss the appellant from employment after it found him guilty of misconduct. More
On the 29 November 2018 plaintiffs sued out a summons against defendant (council) claiming that on payment of the sum of $1 782.00, the defendant complete the designs for roads, water and sewerage at stands 4475 to 4633 Mbizo 18, Kwekwe, that were allocated to the plaintiffs under an agreement with Carslone; that the defendants enters into sale agreements with each plaintiff for the stands as shown in Survey Diagram for the section 18 Extension; and in the alternative that the defendant pays each plaintiff the sum equivalent to the current value of the stands and the defendant refunds the... More
By way of background to this chamber application it is common cause that the applicant was hired by the second applicant to transport second respondent’s goods from South Africa to Zimbabwe via the Beitbridge border post. Applicant is a company registered according to the laws of South Africa whose address of service is care of 28 Frank Johnson Avenue Eastlea Harare which is the address of its legal practitioners. It is the owner of a Nissan Diesel G300 truck Horse Registration No JB44KVGP with two trailers with the following registration details trailer 2 H2 49BPGP which truck second respondent hired... More
The applicant was convicted by a magistrates court sitting at Mbare on a charge of contravening section 113 (1) (a) and (b) of the Criminal Law (Codification and Reform) Act Chapter 9.23. He took property belonging to the complainant intending to permanently deprive the complainant of her control, possession and ownership of such property or in such circumstances that he realized that there was real risk that the complainant would be permanently deprived of her control, possession and ownership of the property. He was sentenced to 36 months imprisonment with 12 months suspended on conditions of good behaviour and restitution. More
This is an appeal against the whole judgment of the High Court dated 2 June 2019 dismissing the appellant`s claim for defamatory damages suffered by the appellant as a result of an article published by the respondent’s newspaper. More
This is an appeal against a judgment of the Labour Court dismissing the first appellant’s, a labour officer, application for confirmation. The ruling was in favour of the second appellant, a former employee of the respondent, who was dismissed from employment sometime in March 2016 on allegations of certain acts of misconduct including theft and or fraud. More
After hearing parties on 2 November 2021, we handed down our judgment on the appeal ex-tempore. Hereunder appears the judgment.
This is the unanimous decision of this Court. This is an appeal against the whole judgment of the High Court dated 9 December 2020 under HH 787/20, dismissing the appellant’s application for a declaratur that he had discharged the judgment debt under HC 2155/20 for the payment of duty in the sum of US$52 483.34 by the payment of an amount of RTGS 1 364 568.14. Aggrieved by the judgment of the court a quo, the appellant filed the present... More
This is an appeal against a judgment of the High Court rendered on 25 January 2017 dismissing with costs a claim by the appellant for damages for defamation arising out of a series of articles published by the respondent’s newspapers. In dismissing the claim the court a quo upheld the defence of qualified privilege pleaded by the respondent to the claim. More
DUBE-BANDA J: This is a bail application pending trial. Applicants are jointly charged with the crime of robbery, as defined in section 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It being alleged that: - on the 22nd May 2021, 1stapplicant and 3rd applicant phoned the complainant on the pretext that they had 200grams of gold which they intended to sell to the complainant. On meeting complaint, instead of producing the gold, 3rd applicant grabbed him from behind whilst 2nd applicant stabbed him thrice on the back. 1st applicant stood guard while 1st and 3rd applicant attacked... More
