This is a claim for damages suffered by the plaintiff as a result of the loss of its motor vehicle and trailer in a road traffic accident. The accident occurred at the 312 kilometre peg along the Harare-Chirundu road on 25 July 2014. The accident happened when the plaintiff’s Freightliner Horse and trailer bearing registration numbers ACQ 4768 and ACQ 9441 respectively, collided with the first defendant’s Volvo truck with registration number ABQ 5008. The first defendant’s motor vehicle was being driven by the second defendant who was acting in the course and scope of his employment with the first... More
: This judgment deals with a preliminary objection that was raised by defendant’s counsel in his written submissions which were filed under cover of a letter dated 8 October 2024 when the trial in this matter was scheduled to commence on 10 October 2024. The preliminary objection by the defendant is basically to say that the plaintiff’s summons are a nullity or fatally defective and incurably bad at law for want of compliance with r 12(5)(d) of the High Court Rules, 2021. In particular, the summons are being impugned for their failure to give a concise statement of the nature,... More
In September, 2010 the plaintiff issued summons against the two defendants claiming damages in the sum of US$281 500-00 plus costs of suit. In the declaration, it is averred that: “The first defendant, acting in connivance with the second defendant, wrongfully and intentionally destroyed the plaintiff’s shop on false grounds that it was an illegal structure.” More
This was an urgent chamber application heard over two days, two weeks apart. Issues emerged on the first day of hearing that necessitated an investigation and a report by the third and fourth respondents’ officials. The third and fourth respondents did not oppose the application. They indicated they would abide by any court order issued. More
This trial involves a dispute over who is the registered owner of 5th defendant school (sometimes simply referred to as the school). As crisply put in the issue referred to trial the issue is “Whether or not plaintiff is the registered owner of the school being 5th defendant”. More
This is an application for leave to appeal to the Supreme Court. On the 27 September 2013 I dismissed the appeal by the Applicant who had been challenging the Arbitrator’s finding that an employer could not extend the probation period beyond 3 months pursuant to section 12 (5) of the Labour Act. More
The Respondent was formerly employed by the Appellant as a Driver. He was dismissed from employment on 22 October 2021 following disciplinary proceedings. The charge that had been levelled was that of breach of Schedule 4;3 and 4:10 of the National Employment Council for Welfare and Educational Institutions (NECWEI) Employment Code of Conduct. More
This is an appeal against an arbitral award on quantification of damages. The arbitrator had issued an award on 20 September 2015 ordering reinstatement of the respondent failing which either party could approach the tribunal for quantification. The arbitrator quantified the damages due to the respondent basing on written submissions and oral evidence. More
This is an application for condonation of late filing of an application for review of respondent’s decision declining allocation of land to applicant for the benefit of its members. More
On the 13th December 2018 at Harare, Arbitrator S. Nehowa made an award. She ordered Appellant (employer) to reinstate Respondents (employees) without loss of salary and benefits. Alternatively she ordered the employer to pay the employees damages in amounts either agreed by theparties or quantified by her. The employer then appealed to this Court against the award.
The 1st ground of appeal charged that the Arbitrator made a determination “against a non-legal persona as cited despite a preliminary point having been raised and not disposed on the record by the Tribunal” More
This is an appeal against a judgment of the Labour Court dated 27 September 2013. After hearing argument we made an order allowing the appeal in part and indicated that the reasons thereof would be availed in due course. More
This is an appeal against the decision of the National Employment Council for Welfare and Educational Institutions Appeals Committee ( the Appeals Committee)which was handed down on the 7th of December 2023. In the present appeal the appellant has raised 3 grounds of appeal. The matter was heard before me on 3 March 2024. More
TSANGA J
This is an opposed application for amendment of summons and declaration with costs sought on a higher scale. The applicant alleges that she had been given the impression that the respondent does not have any source of income until she came across his bank statement. She had a claim for maintenance of children and sharing of property on divorce and hence deems the amendment crucial to those claims. More
The appellant is a former owner of Clifton of Lang, Mberengwa, measuring 2025, 8116 hectares (the farm). The farm was acquired by the Government and became State land in terms of the Government Gazette Extra Ordinary Volume LXXVIII No. 50, General Notice 457A of 2000 published on 6 October 2000. More
The background facts to this matter are that respondent was initially offered employment as a teller by appellant. He was to be employed with effect from 1STApril 2010. On the day of commencement of work, the 1STApril 2010, appellant terminated (the first termination) respondent’s employment on the allegation that he had failed to meet certain security requirements. Respondent challenged this through the Ministry of Labour on the basis that appellant had relied on incorrect information. Appellant reconsidered its position and reinstated respondent on 29THMay 2010. More
