The respondent was dismissed from the appellant’s employ following disciplinary proceedings. On appeal to the G & DC Appeals Committee, the respondent was successful. The G & DC altered the severity of the charge. It alsoreversed the dismissal penalty to a final written warning. This aggrieved the appellant and it appealed to the National Employment Council Appeals Board of the Banking Undertaking (NEC). The NEC declined from considering the merits of the case and dismissed the appeal noting that the appeal had been noted a day out of time. The time frames are set out in the applicable Code. More
Respondent was employed by the Appellant as a clerk for 24 years. She was stationed at the Appellant’s Borrowdale Branch. Respondent, like any other employee of Appellant was entitled to a school fees benefit. To access such benefit, Respondent had to submit acceptable documentation from the school attended by her children. More
This is an application for the joinder of the first respondent as a third party in Case No. HC 12970/12. The application was instituted in terms of Order 14 Rule 93 of the Rules of this Court. The application is opposed by the first respondent. After hearing argument from counsel I granted the relief sought with some amendments to the draft order and gave brief reasons. I indicated to the parties that my full written reasons would be given upon the request of either party. The first respondent has written a letter requesting to be furnished with the written reasons... More
The plaintiff in this case seeks the delivery of two new Toyota Hilux IMV motor vehicles in terms of an agreement of sale between the parties. In the alternative, it claims damages for breach of contract based on the current market value of the vehicles in the sum of US$107,825.15. The defendant denies having entered into any agreement of sale and avers that the plaintiff engaged the defendant as its agent in sourcing the vehicles from third party suppliers. More
This is an appeal against the decision of the arbitrator who ruled that the respondent employee was not National Employment Council graded, was underpaid and was constructively dismissed by the appellant employer. More
The plaintiff’s declaration reads:-
“1. The plaintiff’s claim is for payment of the balance owing in respect of a running account for various transactions.
2. On or about 07 November 2008, Mr Nhemachena who was the financial
advisor of the defendant drew up two reconciliation (sic) which are
annexed hereto marked “A” and “B”.
3. That the reconciliations so prepared were agreed between the plaintiff and the defendant.
4. In respect of annexure “A” the balance of $32 074.13 was reduced by a
payment of $8 000.00 and in respect of annexure “B” the amount of $30
360.26 was reduced... More
This is an appeal against the entire judgment of the High court (“the court a quo”), wherein it removed the appellant’s matter from the roll in order to pave way for the finalisation of an application filed before the Constitutional Court under case number CCZ 12/22. More
On 14 July 2022, I delivered an ex tempore judgment to the effect that the present application be removed from the roll in order to pave way for the finalisation of the constitutional matter filed before the Constitutional Court under CCZ12/22. The applicant subsequently requested the reasons for the judgment. Consequently, this judgment seeks to advance the reasons therefor. More
Sometime in 2012, the fifth respondent obtained judgment under HC 3331/14 against the first respondent. This was a result of the latter’s failure to pay the balance of USD$116 000 after he sold, on instruction, the fifth respondent’s piece of land in Mount Pleasant. The court ordered the sale in execution of the first respondent’s property known as the remainder of Subdivision C of Lot 6 of Lots 190,191,192,193,194 and 195, Highlands Estate of Welmoed (hereinafter referred to as “the property”). On 18 September 2017, the appellant participated in the Sheriff’s sale by public auction, of the first respondent’s property,... More
The appellant and the respondent executed a written contract on 12 May 2018, in terms of which the appellant was required to perform construction work for the respondent at a total cost of US$36 962.00. The contract stipulated that the respondent was required to pay a deposit of US$10 000 and thereafter pay the balance in instalments of US$ 900.00 per month over 31 months. The respondent duly made her payments in terms of the contract until February 2020 when she advised that she could not pay the money due to ill health. More
Appellant appealed to this Court against a determination issued by Designated Agent P. Mgazi. The appeal is provided for by section 92 D of the Labour Act Chapter 28:01 as read with Rule 19 of the Labour Court Rules, 2017.
At the onset of oral argument, respondent raised a point in limine. The point was to the effect that the notice of appeal is invalid for failure to attach the impugned determination. More
This is an appeal against the whole judgment of the High Court sitting at Bulawayo convicting the appellant of murder in contravention of s 47(1)(b) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. The appellant was sentenced to 10 years imprisonment. More
This application is for an order under the rei vindicatio remedy to recover possession and control of property. Put differently, the applicant seeks respondent’s eviction from the property known as THE REMAINDER of SUBDIVISION C OF LOT 6 OF LOTS 190, 191, 193,194 AND 195 HIGHLANDS ESTATE OF WELMOED also known as 41 RIDGEWAY NORTH HIGHLANDS, HARARE “the property. More
The facts upon which the present application was predicated were given as follows:-
Around May 2020, the applicant said it started noticing illegal mining activity around the claims. Upon investigation it determined that the illegal activities were being sponsored by a local traditional leader, acting Chief Nyamhanza. The applicant reported this to the second respondent’s offices and requested assistance to remove the illegal miners. The respondent in turn sought police assistance and the illegal miners were removed. In April 2022, the illegalities resurfaced. Investigations revealed once more that another local chief called Chief Chimoyo was making attempts to have the... More
: The plaintiff and the defendant were joined in holy matrimony on 21 November 2004 at Harare in terms of the Marriages Act [Cap 5:11].Their marriage still subsists.
Their marriage was blessed with one minor child born on 18 May 2001. More
