The appellant was employed as a Restaurant Supervisor by the respondent. She was dismissed from employment following disciplinary proceedings. Aggrieved by that outcome she appeals to this Court on the following grounds and I quote:
“1. The court a quo misdirected itself on the fact (sic) in holding that the Appellant was guilty of misconduct (sic) inconsistent with the contract of employment.
2. The court a quo erred at law by finding the Appellant guilty of a matter that had no evidence or proof. If the complainant was aggrieved should have raised a grievance (sic).
3. The court a quo... More
This is an application for reinstatement of an application for condonation of late filing of heads of argument. It is opposed.
Background
On 14 October 2010 this same application was placed before the court. The parties to the matter are Tariro Takawira v (1) NEC for Schools Development Association and Committees’ Appeals Committee. 2. SDA Dudley Hall Primary School. More
At the onset of this appeal the appellant employee sought to amend his relief which he felt he had worked badly. He also sought to have the court impugn what he
styled the belatedly filed Heads of Argument by the respondent employer. It is only these two issues which are addressed by this judgment. More
The appellant appeals against both his conviction and sentence.
In count 1 the appellant was convicted of contravening section 67(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23] (the Criminal Code) which relates to indecent assault. He was sentenced to a fine of $150 or 3 months imprisonment wholly suspended for 5 years on the usual conditions of good behaviour. In count 2 the appellant was convicted of rape as defined in 65(1) of the Criminal Code [Cap 9:23] and sentenced to 16 years imprisonment of which 2 years imprisonment were suspended for 5 years again on the... More
This is an application for an order setting aside respondent’s decision that applicant pays duty in the sum of US$16 335.60 plus ZWL 349 488.03 for missing cases of castle lite beer, lost as a result of an accident.
Briefly, the factual background of this matter is that, applicant, a clearing company, was engaged by a Zambian company to clear a consignment of liquor that was passing through Zimbabwe from South Africa. On 31 July 2021 applicant cleared the consignment.
On 3 August 2021 at around 18:30 hours and at 312km peg along the Harare – Chirundu road, the truck... More
1. This is an appeal against the whole judgment of the High Court dated 20 December, 2023 dismissing the appellant’s application in which he sought relief in the following terms:
“IT IS ORDERED THAT:
1. The decision and conduct of the first respondent to cause the cancellation of the applicant’s title deed number 0272/2010 by the third respondent on 1 February 2023 and any subsequent actions in relation to the said deed thereafter be and is hereby declared null and void and set aside.
2. The third respondent be and is hereby ordered to remove and/or cancel the endorsement on... More
The first respondent applied for an interdict under HCH 3126/23 and obtained a default judgment on 4 July 2024. The applicant became aware of the default judgement on 20 July 2024. He has filed this application and another one for rescission of the default judgement under HCH 332/24
The applicant prayed for the order to be stayed pending determination of the rescission appreciation.
The application is opposed by the first respondent who raise two permits in limine namely that the application is not urgent and that it has been overtaken by events. In respect of urgency, I agree with the... More
Law is a discipline which has many branches and sub-branches. A party who is suing another must make every effort to make a conscious decision on the branch or sub-branch of the law under which his suit must fall. Where he sues under an incorrect or inapplicable branch or sub-branch of the law and his attention is drawn to the wrong law which he has applied in the suit, he is better advised to re-consider his case than otherwise and, if what has been drawn to his attention has merit, he should withdraw the suit and re-file it under the... More
The plaintiff in this matter is a housing cooperative located in Dzivarasekwa, Harare. It seeks the eviction of the defendant and all his occupants from Stand No. 4356, Tongogara Avenue, Dzivarasekwa 2. It also claims costs on an attorney and client scale. The defendant resists eviction on the ground that he bought the stand from one Salijeni Likukula and that he is the rightful owner of the property. The issues for determination are whether the plaintiff is the owner of the stand and whether the defendant has any lawful right, claim or counterclaim over the property. More
The applicant is employed by the Air Force of Zimbabwe as a pilot and is based at Josiah Tungamirai Airbase at Gweru. He is aged 29 years. He is facing a charge of murder. He denies the allegation. The deceased, Lucy Duve was a legal practitioner during her lifetime. She was employed by a local Non- Governmental Organisation. She was aged 32 years at the time of her demise. The applicant has filed an application for bail pending his trial. The state is opposed to the granting of bail. The applicant first appeared at Gweru High Court Circuit on the... More
At the hearing of this matter I dismissed all the points in limine that the first respondent raised. After hearing the matter on the merits I dismissed the applicants’ application. I have now been asked for the written reasons thereof and these are they. I will start with the points in limine. More
The plaintiff Mugadziwa issued summons out of this court on 19 May 2004 seeking from the defendant $20 million defamatory damages arising from a misconduct letter written by the defendant, Shoko, which was published to officials in the Ministry of Education, Sport and Culture at Kwekwe, the Provincial Education Director for the Midlands Province in Gweru, the Secretary for Education, Sport and Culture and the Secretary for the Public Service Commission in Harare, interest at the prescribed rate from 1st April 2004 to date of payment and costs of suit. The summons was served on the defendant on 25 June... More
This is an appeal against an arbitral award.
The respondent was employed by the appellant as a till operator from 20 August 2010 to 30 June 2013. He claimed he was unfairly dismissed when he was put on leave without pay and returned to find that the respondent had closed the place of business he was operating from. More
This is an application for the placement of a caveat on a property known as Lot 115 of Lot 26 Lewisam of Lot E Colne Valley Reitfontein (‘the property’). It is common cause that sometime in 2022 the applicant and the first respondent entered into an agreement for the construction of two cluster blocks at the property. A dispute has arisen about the payments allegedly due to the applicant. In consequence thereof, the applicant as plaintiff has in HCH 2797/24 sued out summons against the respondent claiming payments of USD$ 23 461.96 being the total fees for manual labour; USD$6... More
This is an application for an order to declare s 8(1) of the Immigration Act [Chapter 4:02] (“the Act”) inconsistent with s 50 (2) Constitution of Zimbabwe (Amendment No. 20) Act 2013 (“Constitution”) and invalid. It is contended that s 8(1) of the Act is inconsistent with the Constitution in that it authorises an immigration officer to detain a suspect for a period not exceeding fourteen days without judicial oversight thus offending s 50(2) of the Constitution. The applicant anchors his standing on s 85(1)(d) of the Constitution, which allows any person acting in the public interest to approach a... More
