This is an appeal against the respondent’s decision to dismiss appellant from its employ on allegations that appellant committed acts which are inconsistent with the express or implied conditions of his contract of employment. More
At the onset of oral argument in this Court, Respondent raised an objection which Applicant opposed. Appellant’s appeal was signed for by D. Chiwara of the National Union For the Plastics, Pharmaceuticals, Fertilizers, Chemicals, Batteries Manufacturing and Allied Industries of Zimbabwe. However Respondent operates in the transport industry. Its employees are represented by the trade union for the transport operator’s industry. On that basis respondent objected to the representation of appellant (its employee) by the plastics and allied industries union. More
There is a long drawn out dispute between the parties herein. The parties have been in and out of this court over an immovable property identified as Stand Number 227 Carrick Creagh Estate Borrowdale, Harare (the property). More
The applicant is incarcerated in remand prison on allegations of fraud as defined in s 136 of the Criminal Law Codification and Reform Act [Cap 9:23]. He is alleged to have fraudulently converted to his own use 30 tones of fertilizer valued at US$16 200.00 which he had been contracted to transport. More
On 12 June 2007 the applicant was issued with an offer letter under the Land reform and Resettlement Programme (Model A2 Phase II) authorizing him to lawfully hold, occupy and use the whole of subdivision 8 of Welston in Harare in the District of Mashonaland East Province approximately 42.07 hectares in extent. The applicant has since taken occupation of that land on the strength of the offer letter. More
On 12 June, 2007 the applicant was lawfully offered by way of an offer letter subdivision 8 of Welston Farm. Prior to its acquisition by the second respondent the farm used to belong to first respondent. Despite the gazetting of the farm, the first respondent did not vacate the farm after the expiry of the periods set out in the law.
On 5 February, 2009, the applicant, in the company of others took occupation of the farm in the absence of the first respondent. It was on this basis that the first respondent, in case number HC 612/09, on 18... More
This is an appeal against the decision of the National Employment Council for the Printing, Packaging and Newspapers Industry Appeals Committee (NEC) which confirmed appellant’s dismissal from respondent’s employment.
The appellant was charged with misconduct in terms of the Printing, Packaging Code of Conduct Statutory Instrument 148 of 2009 (the Code), sections 18 and 20 (2). More
“1. The Honourable Arbitrator seriously misdirected himself on the facts by finding that the Appellants failed to discharge the onus on them to prove on a balance of probabilities, the existence of a contractual obligation of the Respondent to assist and/or provide Claimants financial assistant to purchase residential stands for them, and sell them its own trucks at bank value and provide them with medical insurance. Such a finding was not supported by any evidence and was contrary to the evidence presented before the Honourable Arbitrator.
2. The Honourable Arbitrator erred by finding that the Appellants were not owed overtime... More
This is an application for review of proceedings and decision of a Trial Officer in terms of the Police Act I must point out from the outset that despite the nomen-clature, these proceedings are of a civil nature. However trial procedure must closely resemble trials in the Magistrates Court. The applicant seeks the following relief;
“1. The application be and is hereby granted.
2. That the decisions of the 1st respondent done on the 15th of January 2019 be and are hereby set aside.
3. The applicant is hereby granted leave to approach the Constitutional Court of Zimbabwe on the... More
The applicant approached this court on an urgent basis seeking the relief couched in the following way:
“TERMS OF FINAL ORDER
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. Application to have the Chamber Application for Contempt of Court case no. HC8050/22 set down on the urgent roll be and is hereby granted More
This is a trial action in which the plaintiff is suing the defendant for:
(i) Payment of the sum of US$2985-00;
(ii) US$ 100,850-00 in damages for breach of contract;
(iii) Interest and costs. More
This matter came before me as an urgent chamber application. I then set it down and heard the parties’ legal practitioners on 26 August 2013. After hearing, the legal practitioners I dismissed the application with costs. More
In this court application, the applicant seeks the following relief;
“1. The sale concluded by the 1st respondent in respect of the immovable property being stand No. 1986 of Gokwe, held under Title Deed of Grant No. 2072/12 be and is hereby cancelled.
2. The applicant shall bear the costs of cancellation of the sale.”
BACKGROUND FACTS
Judgment in default was entered against the applicant in favour of the 1st respondent for the recovery of a sum of US$ 11 454.66. In enforcing the judgment, 2nd respondent attached the applicant’s dwelling which property was then purchased by the 3rd respondent... More
This is a simple application for rescission of judgment obtained against the applicant by the first respondent in this court in case no HC 8216/11.
The law is clear and settled. The starting point in considering such an application is for the court to consider the reasons for the applicant’s default paving way for the granting of the default judgment. If this hurdle is not satisfied, the matter must end here. It is only when the court accepts that the default has some reasonableness in it that the court will then proceed to consider whether or not the applicant has... More
On 1 June 2021, plaintiff issued summons against defendant claiming
a) an order compelling the defendant to surrender plaintiff’s Mercedes benz E class registration number AFC 5822
b) payment of US$2500-00 being money advanced to defendant.
c) costs of suit.
In reconvention defendant claimed from plaintiff
a) (i) payment of US$2500
(ii)delivery of an immovable property being stand valued at US$5000
or
b) Payment of US$7500 being US$2500 money owed plus US$ 500 being the value of the stand
In summary, the brief facts giving rise to plaintiff’s claim as per his declaration are that defendant and him are friends.... More
