This was an urgent chamber application. On 29 January 2019 I granted the provisional order sought, albeit with slight modifications. But on 14 March 2019 I rescinded that ordermero motu. In between I had come to realise that there had been a patent error. More
The background to this matter is as follows. On 24 April 2018 this matter was placed before me under a certificate of urgency. I gave directions relating to the hearing of the matter. Before the date of hearing counsel for 4th and 5th respondents indicated in writing that they will apply for a joinder. At the hearing Mr Muchadehama made a formal application as promised. The application was granted principally for the reason that the parties are involved in ongoing litigation in the two reference files cases both brought by the applicant. In HC 595/17 the applicant sought an order... More
This matter came to me via the urgent chamber book, seeking an interim order, that the first respondent be interdicted from carrying out any of the functions of a Judicial Manager as set out in s 306 of the Companies Act, and that the Master of the High Court assume custody of the assets of the second respondent. More
“IT IS ORDERED THAT
The first and second respondents be and are hereby declared personally liable to pay the applicant:
(a) The sum of Two Million, Seven Hundred and Fifteen Thousand United Sates Dollars (US$ 2 715 000,00).
(b) Interest on the sum of US$2 715 000.00 at a rate of 15% per annum from the 27th May 2013 to date of payment in full.
(c) Costs of suit on a legal practitioner client scale.” More
The respondent raised two preliminary issues in his heads of argument. However when the parties appeared before the court one of the preliminary point was abandoned.
The respondent submitted that the grounds of appeal did not raise questions of law as envisaged by section 98 (10) of the Labour Act [Chapter 28:01] (“the Act”). Further to that it was submitted that the grounds of appeal challenge the factual findings by the arbitrator and it was neither alleged nor demonstrated that the findings of the arbitrator were grossly unreasonable. More
The history of this matter is that allegations of underpayments of wages, non-payment of overtime and unfair dismissal were raised by the respondents against applicant with the Ministry of Public Service, Labour and Social Welfare, Marondera. More
At the time Appellant was charged with misconduct, he was employed by Respondent as Acting Chief Executive Officer. Appellant’s substantive position at the time was Finance Manager. It was alleged that Appellant had failed to declare or disclose that he had an interest in the oil industry despite having signed a memorandum during the course of his employment that he was enjoined to make such disclosure. Appellant is alleged to have dishonestly denied having such interest in the oil industry. He was subsequently charged with contravening section 4 (a) of the Model Code, Statutory Instrument 15 of 2006. He was... More
On 16 May 2022 this Court (HON. MANGOTA J) issued an order (the Order) in an application HC 5689/21 pitting first respondent (applicant therein) against applicants in casu and the rest of the respondents. The order read as follows:
1. Applicant’s papers to serve as its summons.
2. Applicant to prepare, file and serve upon the respondent its declaration on or before 31 May 2022.
3. Respondent’s notice of opposition to serve on (sic) its notice of appearance to defend.
4. Respondents to prepare, file and serve upon the applicant its plea on or before 14 June 2022.
5. Thereafter... More
The respondent appointed the applicant to the position of management trainee in human resources with effect from 10 September 2012. It was a term of the appointment contract that on successful completion of the training programme the applicant would be appointed to the permanent position of human resources officer. The training programme was to run for eighteen months. More
The applicant is being charged with rape as defined in s 65 of the Criminal Law (Codification and Reform ) Act, [Chapter 9:23] it being alleged that on the date unknown to the prosecutor but during the year 2013 and at house number 43 Magwenzi Street, Chizhanje, Harare, accused unlawfully and intentionally had sexual intercourse with ALISHA SIMON knowing that she had not consented to it or realizing that there was a risk or possibility that she might not have consented to it. The complainant is aged 10 years and doing Grade 5 at Mabvuku Primary School. The accused /applicant... More
This is an application for stay of execution of an award issued by the second Respondent on 30 September 2013. The 2nd Respondent ordered Applicant to reinstate the 1st Respondent without loss of salary and benefits. If reinstatement is no longer an option Applicant was ordered to pay the 1st Respondent damages in lieu of reinstatement. The parties are to agree on the quantum failing which either party may approach the Arbitrator for quantification. More
This is an appeal against a determination by honourable Mambara J dated 30 September 2013. The Arbitrator ordered the reinstatement of Respondent without loss of salary and benefits. If reinstatement is no longer an option damages in lieu of reinstatement were to be paid. The parties were to agree on the quantum failing which either party may approach the tribunal for quantification. Each party was to pay 50% of the arbitration costs. More
4. This application will be better understood against the background that follows. On 13 June 2013 NMB Bank Limitedsued out a summons (HC 1473/13) against the applicants herein seeking in the main an order for the payment of the sum of USD61 824.00 inclusive of the capital debt and interest, and an order declaring the remaining extent of stands 1444, 1445, 1452, 1453 and 1454 Khumalo Township lands held under Deed of Transfer 1411/2005 (property) specially executable. More
