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
The applicants approached this court on an urgent basis for the following relief;
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:-
1. The second respondent be barred from removing and selling the second applicant’s property that he has attached.
2. First respondent pays costs of this application on in the event that it opposed this application. More
Appellant Berlin Dombodzvuku, a member of the Zimbabwe Republic Police forces Charges of unlawful possession 143.95 kg of dagga in contravention of s 57(i)(a) of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. He applied for bail pending trial before a Magistrates’ court at Marondera after being apprehended by police on the 8 of July 2021 for being in unlawful possession of 143,95 kg of dagga packed in 6 bags loaded in his motor vehicle. More
The parties are parents to three minor children, two daughters and a son. They were divorced by an order of this court under case no HC 9397/05. In terms of the order of this court divorcing the parties, matters relating to the custody, access to and maintenance of the minor children were to be governed by the provisions of a consent paper entered into by the parties prior to the granting of the divorce. In terms of the consent paper, custody was awarded to the respondent. More
MUCHAWA, J:
This is an appeal against on arbitral award which ordered appellant to pay respondent $3 082.35 in underpaid wages, unpaid wages, cash in lieu of leave and housing allowance.
It is common cause that respondent was employed as a conductor in February 2010 at a wage of USD120. This was a verbal contract which was terminated in December 2010 on account of what one party calls a misconduct and the other a misunderstanding. It is agreed that in February 2011 respondent was reengaged on the same salary of USD120. Whereas appellant claims that respondent was reengaged in the... More
This is an appeal against the entire judgment of the High Court delivered on 5 February 2020. The court a quo held that eighty-five percent (85%) of Number 16 Hawkshead Drive, Borrowdale, also known as Lot 1 of Lot 4 of Lot FA Quinnington situate in the District of Salisbury measuring 1, 2770 Morgen held under Title Deed 3999/96 be awarded to the respondent as her sole and absolute share with the appellant being awarded the remaining 15 per cent share. More
This is an appeal against the whole judgment of the Labour Court (the court a quo) handed down on 4 June 2021 wherein the court upheld the appellant’s dismissal from employment by the respondent on the basis that he had engaged in misconduct which was contrary to the express and implied terms of his contract of employment. More
The applicant in this matter seeks a permanent stay of prosecution in respect of a charge that arose more than 8 years ago. He claims that his right to a fair trial within a reasonable time, as enshrined in s 18(2) of the former Constitution, has been violated. More
This is an application for leave for direct access to this Court made in terms of r 21 of the Constitutional Court Rules, 2016 ("the Rules"). The applicant is a former student of the respondent. The respondent, Bindura University of Science Education (BUSE), is a university established and constituted in terms of the Bindura University of Science Education Act [Chapter 25:22]. More
This is an application for a review of the disciplinary proceedings, which were done by the Respondent’s Disciplinary Committee and which led to the dismissal of the Applicant from the Respondent’s employ. More
