This is a trial action in which the plaintiff is suing the defendant for:
(i) Payment of the sum of US$2985-00;
(ii) US$ 100,850-00 in damages for breach of contract;
(iii) Interest and costs. More
This matter came before me as an urgent chamber application. I then set it down and heard the parties’ legal practitioners on 26 August 2013. After hearing, the legal practitioners I dismissed the application with costs. More
In this court application, the applicant seeks the following relief;
“1. The sale concluded by the 1st respondent in respect of the immovable property being stand No. 1986 of Gokwe, held under Title Deed of Grant No. 2072/12 be and is hereby cancelled.
2. The applicant shall bear the costs of cancellation of the sale.”
BACKGROUND FACTS
Judgment in default was entered against the applicant in favour of the 1st respondent for the recovery of a sum of US$ 11 454.66. In enforcing the judgment, 2nd respondent attached the applicant’s dwelling which property was then purchased by the 3rd respondent... More
This is a simple application for rescission of judgment obtained against the applicant by the first respondent in this court in case no HC 8216/11.
The law is clear and settled. The starting point in considering such an application is for the court to consider the reasons for the applicant’s default paving way for the granting of the default judgment. If this hurdle is not satisfied, the matter must end here. It is only when the court accepts that the default has some reasonableness in it that the court will then proceed to consider whether or not the applicant has... More
On 1 June 2021, plaintiff issued summons against defendant claiming
a) an order compelling the defendant to surrender plaintiff’s Mercedes benz E class registration number AFC 5822
b) payment of US$2500-00 being money advanced to defendant.
c) costs of suit.
In reconvention defendant claimed from plaintiff
a) (i) payment of US$2500
(ii)delivery of an immovable property being stand valued at US$5000
or
b) Payment of US$7500 being US$2500 money owed plus US$ 500 being the value of the stand
In summary, the brief facts giving rise to plaintiff’s claim as per his declaration are that defendant and him are friends.... More
This is an appeal against conviction on a charge of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appeal against sentence was abandoned at the hearing of the matter. The appellant was convicted following a trial. The appeal is opposed by the respondent. More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
This is an appeal against the judgment of the Labour Court dismissing an appeal that in turn had sought an order setting aside an arbitral award finding the appellant guilty of misconduct and dismissing him from employment as a consequence thereof. Having found no merit in the appeal the Labour Court upheld the award and confirmed the dismissal of the appellant from the respondent’s employ. More
The plaintiffs are former employees of the third defendant who either retired, resigned, got retrenched or dismissed or were asked to proceed on leave until they were called back to work. The ex-employees are members of the first defendant, a pension fund in which they participated as employees of the third defendant. The plaintiffs were entitled to some pension benefits from the first defendant on termination of employment. The second defendant is a Board of Trustees, which oversees the operations of the pension fund on behalf of both the plaintiffs and the first defendant. The fourth defendant was sued as... More
In the exercise of its functions, the Labour Court may conduct a hearing into the matter or determine it on the record. See Section 89 (2)(a)(i) of the Labour Act [Chapter 28:01]. This appeal has proceeded in terms of the above section. More
This is an appeal against an arbitral award made in favour of the respondent.
The facts of the case are not in dispute. The appellant was employed by the respondent as a Chief Internal Auditor. According to the appellant on 6 February 2012 he was suspended for contravening the respondent’s Code of Conduct. It was alleged that the appellant wilfully lost council property and secondly for engaging in behaviour likely to harm the financial position of the council. More
Applicant applied to this Court for rescission of judgement in terms of section 92C of the Labour Act Chapter 28:01 as read with Rule of the Labour Court Rules, 2017. Respondent opposed the application. More
This application was placed before me in the unopposed motion Court of the 18 June 2020. When this matter was called during the middle of the roll, I stood it down to the end of the roll, in order not to inconvenience other legal practitioners who had simple and unopposed matters to deal with. I noted that the 2nd respondent filed an affidavit conceding the relief sought by the applicant.The matter is not opposed. I asked counsel for the applicant to make submissions, on whether a single judge of this court, may hear argument on the merits and set aside... More
The applicant a student at the University of Zimbabwe has approached this court on an urgent basis seeking the following relief:
Terms of the Final Order Sought
1. That the decision of the second respondent in his capacity as the Vice Chancellor of the second respondent to suspend the applicant be and is hereby declared unlawful and is accordingly set aside.
2. That the letter of suspension be and is hereby declared null and void and of no force or effect and is hereby set aside. More
