: Counsel for the applicants withdrew the application after conceding that the order sought had been overtaken by events. The application sought to bar the respondent from conducting Zimbabwe Teachers Association (ZIMTA) national elections which ran from 22 – 25 April 2005 in Victoria Falls. The application was heard on 17 October 2013 well after such elections had taken place. It was incompetent for the court to bar elections which had already been conducted. Thus the concession by applicants counsel was properly made. More
This an application by the defendant, as applicant herein, for amendment of his pleadings in an ongoing matrimonial matter under HC 3490/21. For ease, the parties will simply be referred to herein by the terms plaintiff or defendant save in the order granted. This application is against the backdrop of the following context. The parties are presently embroiled in a divorce trial in which at issue, as a starting point referred to trial, is the standing of a consent paper which the defendant signed. The consent paper gave plaintiff all the property. The defendant later refused to advance it further... More
This is an application for condonation for failure to file an appeal before the appeals board of the Banking undertaking within the prescribed time.
Background
The applicant was charged in terms of a code of conduct. He was found guilty and discharged. In terms of the relevant code of conduct, he had 7 days to note an appeal with the appeals board. He was dismissed on 2 April 2019 and had until 16 April 2019 to file an appeal against the decision. Applicant did not note an appeal. On 27 March 2020, he filed this application for condonation before the... More
This is an appeal against a determination of the General Manager who sat as an appeals authority. The general manager confirmed the determination of the disciplinary hearing committee which found the appellant guilty of gross negligence and ordered his dismissal. More
CHIKOWERO J: Having been denied bail pending trial by the magistrates court sitting at Chegutu, the appellants appealed against that decision in terms of s 121 (1) (b) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the CPEA”) as read with rule 6 (1) of the High Court (Bail) Rules 1971. More
From the facts extracted from the applicant’s founding affidavit filed of record, applicant was allocated Plot 15B Bomhani, Cashel in terms of the land resettlement programme. Respondent was also allocated the identical plot and moved in to practice farming activities on the plot. The applicant filed an application at the Mutare Magistrate Court for an interdict barring Respondent from practising farming on the plot. The application was granted. The respondent appealed against the order. The appeal with the High Court was struck off the roll. The respondent made an application to the Administrative Court which is still pending and also... More
This application before the court is an offshoot of a bill of costs that was taxed by a taxing officer on 16 November 2020 in favour of the respondents. The application was opposed by the first, third and fourth respondents (hereafter referred to as the respondents). The taxed amount is US$10, 122.00. The taxed bill was presented to the applicant’s legal practitioners on the same day of taxation. The applicant claims that he settled the bill by paying the taxed amount in Zimbabwe dollars. Through their legal practitioners of record, the respondents denied that the payment in local currency discharged... More
This application was filed on urgency on 19 March 2021 and was placed before me initially on 24 March 2021. At the hearing it turned out that there was a similar application pending before this court involving the same parties, seeking the same relief under Case number HC 608/21 (the first urgent application.) The first urgent application was filed on 16 March 2021 and was placed before my brother MUSAKWA J who struck it off the roll for applicant’s failure to use the correct form.
At the initial hearing of 24 March 2021, a preliminary point of lis pendens was... More
The Negotiating Committee for the National Employment Council for the Commercial Sectors errored on the facts and law itself, when it upheld the decision of the company (OK Zimbabwe) to dismiss claimant. The claimant did not perform his work in a Dishonest and Unsatisfactory work performance since the said shortage of $45.00 did not occur but the claimant had an overage surplus of $50.00 which was caused by a system error which failed to post his sales (post void) which was beyond his control which was also noticed in Nyasha’s report (One of the employees.) More
This is an application for leave to appeal at the instance of the employee. The application is opposed by the employer on the basis that it is bad at law and that it fails to meet the test for such applications. Each of the issues discussed in the application are addressed below.
It is settled that leave applications succeed on the basis that the applicant is raising issues of law that need determination by a superior court or that on the merits the applicant has a plausible case. More
The applicant approached the court on an urgent basis. The matter was regarded not urgent and the application was heard as an opposed matter. The applicant was seeking for the relief to compel the first respondent to surrender property and assets belonging to the estate of the late Shingirai Bevan Tirivangni Mukandi (hereafter referred to as Mr Mukandi).
The brief facts are that, the applicant as the executor dative of the estate of the late Mr Mukandi has a duty provided under s 42 of the Administration of Estates Act [Chapter 6:01] to compel any person who is not an... More
DUBEBANDA J: This is an application for contempt of court. Applicant seeks to hold the 1strespondent, Masiyephambili Schools Trust and its chairman in contempt of a court order. The order which forms the subject matter of the application was granted by the Labour Court and registered with this court. More
I dismissed this bail application on the turn on 24 March, 2020 and indicated that detailed reasons would be availed upon request. In determining the application I indicated to counsel that there were no prospects of success on appeal. I have been requested to provide the detailed reasons for judgment. More
This is an appeal against a judgment of the Magistrates Court in terms of which the appellant was convicted of kidnapping or unlawful detention as defined on s 93 (1) (a) of the Criminal Law(Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on condition that within that period he does not commit similar offence. More
The legal issue that arises in this chamber application is whether the provisions of the Labour Act [Cap 20:01] exclude the jurisdiction of the High Court in areas where the Labour Court has jurisdiction. More
