The plaintiff (Rephio Chirumbwa) and the defendant are embroiled in a leadership dispute in an apostolic church known as Bethlehem Apostolic Faith Church (the Church). The trial of the matter commenced in March 2022. The matter suffered from setbacks, primarily, the unavailability of witnesses which derailed its progress and ultimately its conclusion. At the conclusion of the trial, the defendant made an application for absolution from the instance at the close of the plaintiff’s case. I dismissed the application for absolution from the instance in a judgment handed down under HH 267/23. More
The first plaintiff is a common law universitas by status. As the appellation implies, it is an apostolic church with its own constitution which provides for the regulation of its affairs as well as the election of its leadership that oversees its affairs. The church is the spiritual home and sanctuary for those in need of salvation through fellowship. In terms of its constitution, one of the purposes of the first plaintiff is described as “the channel through which the holy spirit operates to extend the Kingdom of God and to Edify the Saints in the world of God…” Regrettably... More
This is an urgent application which was argued before me on 11 April 2018. After hearing Counsels for the applicants and respondents I handed down an ex tempore judgment and issued an order in the following terms:
“IT IS ORDERED THAT:
1. The respondents are ordered to restore the status quo ante which was obtaining prior to the 29th of March 2018 and restore the applicants into the church temple and premises at Stand No. 3874 Caledonia, Harare forthwith.
2. The respondents are ordered to release and return the temple keys to the applicants within 24 hours of the date... More
This matter was set down as an appeal to be heard on 8 June 2016. On that date the court observed that there was no notice of response on file. It was agreed between the parties that the matter be postponed sine die to allow for the filing of the notice of response. On 28 June 2016 the response was filed but the matter did not progress any further thereafter. The impression created by the lack of prosecution of the matter to its conclusion is that the matter was abandoned. That has prompted this court to dispose of the matter... More
At the onset of oral argument in this Court Respondent raised a point in limine which Applicant opposed. The respondent argued that the application is invalid for reliance on an incompetent draft order. The impugned draft order reads;
“It is ordered that
1.Application for condonation for failure to comply with Rule 21(1) of the Labour Court Rules, 2017 and an extension within which to comply with the provisions of Rule 21(1) be and is hereby granted.
2.Applicant’s application for reinstatement under case number LC/H/899/22 be heard by the court. More
The applicants, who are husband and wife, bought two properties being stand Nos. 1243 and 1244 from the 1st respondent. The stands cost a total of US$27 200.00. However, in trying to get transfer, 1st respondent failed to pass same because he in fact had earlier sold the properties to one Mr Makara. The said stands are situate in Senka Township, Gweru. The court notes that at the beginning of 2017 and represented by its Director, the 2nd respondent, the 1st respondent made an undertaking to repay in full the amount of US$27 200. Annexture “B” even contains a complete... More
This is an appeal against the decision of an Appeals Committee issued on 3 October 2017, which upheld the appellant’s dismissal from the respondent’s employment.
The facts forming the background to the matter are that the appellant was employed by the respondent as Finance and Administration Officer. She was responsible for, among other duties, the custody, recording, and issuing of fuel coupons for the respondent’s vehicle fleet. It is alleged that during the period 9 February 2015 to 12 June 2017, diesel coupons amounting to 660 litres could not be accounted for. It is also alleged that during the period... More
This is an appeal against the decision of the arbitrator where he ruled that appellant had resigned from her employment with respondent hence was not entitled to payment of notice pay or retrenchment package.
The background to the matter is that appellant who was in the respondent’s employ wrote on 4 April 2014 to respondent resigning from her job. She however wrote another letter on 7 April 2014 cancelling her resignation. The respondent accepted her resignation and paid her what was due to her. She was irked by the fact that respondent did not consider the withdrawal of the first... More
This is a divorce matter between the parties who were initially married to each other under customary law in 1994. The defendant was at the material time married to his first wife under general law. The defendant’s first wife subsequently died in 2000 and the parties then solemnised their marriage under the Marriage Act [Chapter 5:11] on 23 October 2006. More
Several allegations including criminal ones have been raised against the respondents by the applicant supported by one Felix Chikase.
I am concerned with the manner in which these allegations have been framed against the 26 respondents. None of the deponents have raised specific allegations against each of the respondents but the allegations are of a general nature. Not even the applicant’s security officers have deposed to an affidavit indicating what each of the respondents has done in the furtherance of the allegations levelled against them. More
Appellant worked for Respondent as a Security Guard. She was charged with misconduct (gross incompetence or inefficiency). A hearing was held. The disciplinary authority found her guilty and recommended her dismissal. Appellant appealed. The Mine Manager dismissed the appeal. Appellant then appealed to this Court in terms of Section 92 D of the Labour Act Chapter 28:01. Respondent opposed the appeal. More
This is an appeal against a judgment in favour of the Respondent handed down on 5 May 2021 at the Harare Magistrates Court.
Respondent had issued summons claiming payment of an equivalent of $4 370.00 USD, being tenant placement fees, at the auction rate,plus interest thereon at the prescribed rate calculated from 8 January 2019 to date of payment in full. Respondent also claimed costs of suit on a legal practitioner and client scale as well as collection commission. The particulars of claim were that on 8 January 2019, the parties entered into an Owner’s Mandate to Lease in terms... More
First plaintiff (“Beverley”) is a Zimbabwean based in the United Kingdom. She instructed second plaintiff (“Charles) to represent her in a deal to purchase a residential stand in Ashdown Park, Harare. First defendant (“Carson”) is the firm of real estate agents who facilitated the transaction, represented by second defendant (“Ngoni”) their alleged employee or consultant. Beverley and Charles allege that the third defendant (“Richard”) who sold them the stand, later turned dishonest by selling the same stand to another person. Beverley and Charles accuse Carson and Ngoni of negligence in failing to prevent the loss caused by Richard’s alleged fraudulent... More
The Applicant was seeking an interdict against the Respondent in the following terms:-
1. The Respondent and all its agents be and are hereby interdicted from carrying out farming activities on Applicant’s farm being Lot 1 of Wallacedale farm, Odzi- Mutare.
2. The Respondent and all its agents be and are ordered not to interfere in any way with Applicant’s farming activities at the farm named in (1) above.
3. The Respondent and all its agents are barred from entering into the Applicant’s farm and interdicted from using and taking/ removing any farming equipment from Applicant’s farm.
4. The Respondent... More
