The appellant was dismissed from the respondent’s employment following disciplinary proceedings for theft. This was a breach of paragraph 5.3.11 of the applicable Code. His internal appeals failed. Aggrieved by the dismissal, the appellant appeals to this Court on the following grounds:
“1. The appellant was not given sufficient time to prepare for the hearing. She was served with the Notification to attend a Hearing on the 4th March 2011 (Friday) for Monday 7th March 2011 at 0900 hrs. Effectively, our client was given less than twenty four hours to prepare for the hearing as the notice was only served... More
On 29th August 2011 the Honourable C Kabasa made an arbitration award. In terms thereof, he dismissed Appellant’s claims and referred the matter to Respondent’s disciplinary committee for a hearing. Appellant was aggrieved by the award. He then appealed to this Court against the award. More
This matter was placed before me as an urgent chamber application. The applicant seeks the following provisional order.
TERMS OF THE INTERIM RELIEF GRANTED
That pending the final determination of this application, applicant is granted the following interim relief;
1. The 4th respondent or any of his authorised officers, assignees or agents, be and are hereby ordered to suspend the sale in execution of stand No 174 Banket Township set for 8 September 2023.
2. Costs of this application shall be determined in the application for consolidation case no. HC 6659/20. More
The plaintiff in the main action instituted summons against the respondents seeking a declaratory and consequential relief. The declaratory claim was for the nullification of the agreement of sale between the 1st and 2nd defendant, as well as, the registration of stand 174 Banket Township, Banket into the 1st defendant’s name. In addition, the plaintiff sought the upholding of the plaintiff’s agreement of sale and the restoration of the property into the into the original owner’s name, Cleopas Hove, upon the reinstatement of the late Cleopas Hove’s Deed No 4439/97, alongside other ancillary issues. More
The Applicant was aggrieved and has approached this Court for direct access in terms of s 167 (5) (a) of the Constitution of Zimbabwe. The Applicant submits that three of his fundamental rights enshrined in Chapter 4 of the Constitution were infringed by the Supreme Court in SC 09/20 through judgment number SC-24-22. As already noted, the three rights that the applicant alleges were infringed are the right to the protection of the law as enshrined in terms of s 56 (1) of the Constitution, the right to a fair hearing enshrined in s 69 (2) of the Constitution and... More
The parties have been in and out of the courts embroiled in ferocious battles over the ownership, possession and occupation of a certain piece of property commonly known as the Remainder of Subdivision C of Plot 6 of Lots 190, 191, 193, 194 and 195 of Highlands Estate of Welmoed also known as number 41 Ridgeway North, Highlands, Harare (the property). More
This is an appeal against the whole judgment of the High Court (the court a quo) dated 29 November 2023 in which it granted the respondent’s application for the eviction of the appellant from a property known as subdivision C of Lot 6 of Lots 190,191,193,194 and 195 Highlands Estates of Welmoed also known as No 41 Ridgeway North Highlands, Harare, hereinafter referred to as the property. More
When this matter resumed on 16 January 2023, the matter could not be heard. The reason being that counsel for the Plaintiff made an oral application for the recusal of this court. He emphasized then that the reason for the recusal had absolutely nothing to do with this Lordship’s integrity or bias on the Lordship’s part but premised upon first Defendant’s conduct in causing another Lordship to recuse himself, and the Plaintiff had developed a discomfort to have this matter presided over by this Court. The counsels for the first Defendant challenged the application on the basis that they had... More
The parties were married on 5 December 1998 under the then Marriage Act [Chapter 5:11] now [Chapter 5:17].
Plaintiff’s evidence was that he moved out from where he was residing with defendant as he saw no reason to stay, for defendant was adulterous and the two were no longer living as husband and wife.
Defendant on the other refuted the allegation of adultery. She is however agreeable to a decree of divorce being granted. There is only one issue that stands to be resolved namely whether or not Stand Number 6033 Westlea, Harare is matrimonial property. If so how should... More
Plaintiff and defendant were in an unregistered customary law union which has since been dissolved. Plaintiff has proceeded to issue summons for the sharing of property basing the claim on unjust enrichment. Defendant is opposing the claim. More
On Wednesday 2 November 2005 the plaintiff was driving his Mazda 626 motor vehicle when he was involved in an accident at corner Wilson drive and Athlone road with a Nissan Hardbody motor vehicle registration number 696-572 B that was being driven by the defendant’s employee. More
The relief sought in this application is that of a declaratur. The applicant is a former employee of the Sports and Recreation Commission, (hereinafter referred to as the Commission). More
The Respondent (plaintiff in court a quo) purchased 45 bags of 50kg PC 15 cement from N. Richards Rusape sometime in October 2017. The appellant who was employed at N. Richards agreed to look after the cement which the respondent was to collect later. The Respondent sent in One Nyakurima to collect some of the cement leaving a balance of 33 bags. Upon request to collect the outstanding cement the appellant was not forthcoming. The parties ended up convening a meeting with the manager of N. Richards Rusape. The appellant signed an acknowledgement of debt and committed to reimburse the... More
This dispute concerns immovable deceased estate property. Plaintiff is the executor in the estate of her late father Isaac Musarara. Isaac Musarara died on 20 January 1993 at Mazowe. He is survived by his wife and five children. He owned immovable property situated at number 1, 39th Crescent, Warren Part 1, Harare. At the time of his death he leased out this property as he resided in the communal lands. The deceased’s brothers agreed that Lovemore Musarara, deceased’s younger brother supervised this immovable property and generally the deceased’s affairs. In the course of this supervision Lovemore Musarara obtained letters of... More
