This is an appeal from the decision of the respondents who dismissed appellant from employment following disciplinary proceedings. An order dismissing the appeal was made. Reasons were to follow. More
On the date of trial the parties agreed to proceed by way of a stated case as they apparently had come to an agreement on the facts that are common cause and relevant for the resolution of the case. More
This matter emanates from an alleged theft by the applicant from OK Supermarket in Kwekwe on 9 August 2011. The Branch Manager of the 1st respondent was informed of the alleged theft on 1 November 2011. He asked the applicant for his report which was submitted to him on 14 November 2011. In that report, the applicant stated that there was a mix-up and that he had been discharged by the Kwekwe police. He attached what purported to be a clearance letter from the Officer-in-Charge Crime. It should be noted that the applicant’s letter is dated 12 November 2011 and... More
Applicant was employed by the respondent as a line worker. Following allegations of misconduct, applicant was charged with misconduct. It was alleged that applicant had been apprehended by members of the public stealing property belonging to the respondent. Applicant was brought before a Disciplinary Committee which convicted him and recommended his dismissal. Applicant appealed against the decision in terms of the respondent’s Code of Conduct. This appeal was unsuccessful. Applicant subsequently filed an appeal with this court on 30 March 2015. This appeal was withdrawn on 22 February 2016. Applicant alleges that the appeal was erroneously filed and in its... More
This is an application for condonation of late noting of an appeal. The facts are that the applicant was charged and found guilty of acts of misconduct. He was charged in terms of the National Employment Code of Conduct S.I. 15/2006. He was found guilty. His appeal at the workplace failed. The respondent advised him that if he was not in agreement with the outcome he could take his matter to a labour officer. He did so. Thereafter the labour officer made his draft ruling and applied to have it confirmed by the Labour Court. The application for confirmation was... More
On 8 May 2006 the first respondent (“Marko”) being assisted by the third respondent (“Richard”) through a power of attorney, approached this court on an urgent basis. He was seeking spoliatory relief against the applicant (“Tawanda”). The Provisional Order was granted by consent. The matter was not set down for confirmation or discharge. More
The applicant was a former employee of the first respondent and left employment following allegations of having stolen specified tools from his employer. He had signed an acknowledgement of debt in which he undertook to pay for the stolen items. Having failed to pay the amount as embodied in the acknowledgment of debt, his employer filed an application in the Magistrate’s court for recovery of the debt. His employer also held on to applicant’s vehicle as security for the debt. More
At the conclusion of this trial the following factors were found to be common cause.
On 27 February 2009, the plaintiff insured three motor vehicles with the defendant under comprehensive cover. The three motor vehicles included a Nissan Double Cabin bearing registration number 699-074 M which was insured for a sum of US$10 000-00 (ten thousand dollars). More
The dispute in this case is centred on intestate succession. The applicants are the offspring of the late Moses Muzonda, who died intestate on 23 September, 1997. Richard John Chimbari of RJC Executor Services (Pvt) Ltd was appointed executor dative of the deceased estate on 12 March, 2004 to wind up the estate which he did via a first and final administration and distribution account on 23 April, 2004, which the Master of this court approved on 20 August, 2004. The estate had only one asset, an immovable property in the form of house number 5694 Unit J, Seke, Chitungwiza.... More
This is an urgent chamber application where the Applicant is seeking an order in the interim to the effect that the first to the third respondents be interdicted from advertising and disposing Stand 357 of Willowvale Township of Stand 460 of Willowvale Township situate in the District of Salisbury by private bid auction or any other means pending the finalization of this application. On the return date, the applicant will be seeking an order declaring that the first to third respondents are bound by the contract the applicant entered into with them the effect of which would be that the... More
1. After hearing submissions from the applicant and counsel for the respondent, I delivered an ex tempore judgement dismissing this application for leave to appeal out of time and for a certificate to prosecute the appeal in person. This was on 3 November 2022. More
1. On 16 January 2016 the appellant and one NomoreHakutangwi pleaded guilty to and were convicted of twenty-four counts of theft and thirteen counts of unlawful entry into premises as defined in ss 113 and 131 of the Criminal Law Code respectively.
2. The offences were committed on many given dates between 30 June 2013 and 23 September 2015.
3. The court a quo divided the offences into three groups for the purposes of sentence. It treated the offences in each group as one for the purposes of sentence.
4. Offences committed around the same period were grouped together.
5.... More
MAKONESE J: This matter was placed before me as an Urgent Chamber Application. The application was filed on the 3rd of March 2021.
On the 5th of March 2021 the parties appeared before me in chambers. The matter was argued briefly. It was resolved that it was prudent for the 2nd respondent (Provincial Mining Director Midlands) to investigate the circumstances surrounding the mining dispute and thereafter file a comprehensive report on the matter to guide the court in coming up with a correct decision on the matter. More
This application for contempt of court was made, in terms of r 79 of the High Court Rules, 2021. The respondent is Zimbabwe Revenue Authority (ZIMRA) and Commissioner General of the Zimbabwe Revenue Authority (N.O.). On 5 July 2021, in an appeal under HC (CA) 354/19 (judgment HH 347-21), MUZOFA J in favour of the applicants was granted as follows:
“Accordingly, the appeal is hereby upheld:
The sentence imposed by the court a quo is set aside and substituted as follows:
1. $2000 in default of payment, 10 months’ imprisonment. The 228 boxes of cigarettes are forfeited to the State.... More
