This is an appeal against the whole judgment of the Labour Court dated 25 September 2017. The facts giving rise to the appeal are by and large common cause. More
This is an appeal against the decision of the Appeals Board of the National Employment Council for the Banking Undertaking (Appeals Board). The Appeals Board set aside the dismissal of the respondent, and ordered the appellant to reinstate him without loss of pay and benefits. The appellant’s Hearing Officer had dismissed the respondent from employment after finding him guilty of misconduct. More
The plaintiff is a registered commercial bank. On 15 October 2003 it issued summons against the defendant. On 1 March 2004 the defendant excepted to the summons and declaration. The exception was upheld by this court on 31 January 2005. It was granted in default. As a result of the order granted therein the plaintiff filed an amended declaration on 18 February 2005. The defendant then sought further particulars on the amended declaration which particulars were filed on 18 May 2005. On 15 June 2005 the defendant filed an exception to the amended declaration. On 21 July 2005 the plaintiff... More
Barrack Obama in his work titled “The Audacity of Hope: Thoughts on Reclaiming the American Dream”, 2007 Canongate Books at p.48, posited that:
“The legal profession tends to place a premium on winning an argument rather than resolving the problem or arriving at the truth.”
The above is properly called being eristic. Depending on one’s persuasion, it can be either a trait or a virtue. There were times in the course of reading the papers in this application and during argument that I couldn’t help but think that one or the other of the parties was being eristic. Both counsel... More
This is a simple application for an anti-dissipation interdict barring the first respondent from selling or in any way disposing of his property known as certain piece of land situate in the district of Salisbury called Stand Number 5428 Budiriro Township of Willowvale Estate held under Deed of Transfer 2686/98, pending finalization of applicant’s suit against the first respondent under Case Number HC 3320/17. The basis of the application is that the first respondent is a former employee of the applicant. He was employed as the Chief Teller at applicant’s Minerva Banking Suite. As part of his day to day... More
On 10 March 2010 the plaintiff issued summons against the defendant praying for the following relief:
“(a) Payment of the amount of USD80 421-84
(b) Interest thereon at he rate of 9.07% per annum
(c) Costs of suit”. More
This is an application for review at the instance of the applicant bank. At the onset of the matter the parties agreed by consent that all the preliminary points bedevilling the matter be abandoned so that the matter could be dealt with on the merit. This judgement therefore only concerns itself with the merits of the matter. Two issues were raised by the review. Firstly applicant says that the Designated Agent did not have jurisdiction to deal with the matter since there were internal remedies which the employee could use to have his grievances addressed. Secondly applicant says that the... More
The applicant applies for summary judgment against the respondent in the sum of US$26 127.56 with interest at 25.8% per annum from 7 February 2014 to the date of full payment. More
Plaintiff issued summons against the defendants claiming $3 070 207.04 representing money lent and advanced to the first defendant in terms of a short term overdraft facility agreement between plaintiff and the first defendant and in respect of which second and third defendants acted as sureties and co-principal debtors. More
On 5 April 2012 respondents, under an exparte application in case number HC 3694/12, were granted an Anton Pillar provisional order by this court. The terms of the interim relief were: More
This is an appeal against an arbitral award which ordered appellant to pay USD 3045.82 to respondent being for cash in lieu of leave, back pay and damages for loss of employment. More
This is an appeal against a judgment of the High Court sitting as an Appeal Court in terms of s 65 of the Income Tax Act [Chapter 23:06] (hereinafter referred to as “the Act”). It concerns certain income tax assessments made in respect of the appellant by the respondent with regard to the years 2009, 2010 and 2011. Of the four issues which were raised in the High Court, three were decided against the appellant and form the subject of this appeal. They are:
“Whether or not the appellant was entitled to claim the costs of a staff reduction exercise... More
On 12 July 2006, the applicant instituted proceedings in this Court seeking the following relief:
IT IS ORDERED THAT:-
1. That by way of a declaration of an existing and future right, that the income earned by a purchaser of a Treasury Bill only accrues for tax purposes on the maturity date of the Treasury Bill.
2. That the Respondent shall pay the Applicant’s costs on the higher scale. More
