This is an application for condonation of the late noting of an appeal. It does not state the rule of this Court in terms of which it is made, a situation not helped by the failure in both the body of the application and the draft order sought, to advert to the need to extend the time within which to appeal. It is common cause that the time within which to appeal lapsed long back. More
This is an application for review based on the following grounds:-
1. The Respondent without following due process of law withheld applicant’s salary from October 2019 when he was not sitting on a suspension without pay, court order or termination of employment.
2. The decision of the Respondent to dismiss applicant whilst he was sick and bed ridden was unprocedural and violates the principle of natural justice and constitutes a serious procedural impropriety which violates principles of natural justice particularly the audialterampartem principle.
3. The Respondent committed gross procedural irregularities by convicting and dismissing applicant against the medical report advising... More
The applicants who were both self-actors filed their applications separately for hearing on the same date. By consent the bail applications of the jointly charged applicants were consolidated and both applications were accorded chance to address the court. The state opposed both applications for bail citing compelling grounds militating against the admission of applicants to bail.
The applicants were arraigned before Magistrate Court Rusape facing allegations of murder as defined in s 47 of The Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged that on 27 September 2020 the two applicants in the company of 2 others... More
This is an appeal against the decision of the respondent to discharge appellant from service following conviction for misconduct. Appellant was a nurse aid at Karoi Hospital. He was charged and convicted of improper or discourteous behaviour including sexual harassment. He was also charged and convicted of committing an act or omission inconsistent or prejudicial to the discharge of official duties. The Disciplinary Committee recommended his dismissal. The Disciplinary Authority agreed with the recommendation and discharged him from service. Appellant subsequently appealed to the respondent which appeal was not successful. Appellant then appealed to this Court on 16 October 2012... More
This is an urgent application. At the commencement of the hearing I informed the legal practitioners for the parties that I would first hear argument on the preliminary points raised by the 2nd respondent. After hearing argument on the preliminary points I reserved judgment. This is the judgment on the preliminary points raised by the 2nd respondent. More
On 17 August 2009 the plaintiff issued summons out of this court for the eviction of the defendants and all persons claiming title through them from Stand 332A Muguta Extension Epworth, holding over damages at the rate of US$1-33 per day calculated from 1 February 2009, interest thereon at the prescribed rate and costs of suit. The defendants contested the action and raised both the special pleas of res judicata and lis alibi pendens before pleading over to the merits. More
This is an application for review brought by a losing employee in a matter that was before a Labour officer in terms of section 93 (5a) and (5b) of the Labour Act Chapter 28:01 (the Act). The application is in terms of section 92EE (C) of the Act as amended by Act No.5 of 2015. Section 92EE (C) says that one of the grounds for review before the Labour Court is“gross irregularity in the proceedings or the decision of the arbitrator or adjudicating authority concerned.” More
The applicant seeks the following order;-
“1. A declaratory order do hereby issue to the effect that the light of a surviving spouse to a matrimonial home as a personal light which dies with the holder.
2. A declaratory order do hereby issue to the effect that the right of Clara Mtokela to inherit the matrimonial home from the Estate late Kokerai Dera is not transmissible to Estate late Clara Mtokela.
3. A declaratory order do hereby issue to the effect that the first respondent identifies the correct beneficiaries to the estate late Kokerai Dera.
4. It is ordered that... More
The applicant approached this court on an urgent basis seeking a provisional interim order that the second respondent be interdicted from making any direct payment(s) to the first respondent and that all payments due to the first respondent should be made into Messrs Sande Legal Practice’s Trust Account and to be retained therein pending the hearing and definitive determination of the action proceedings filed against the first respondent under Case No. HC 10934/2017. More
This is an application for review of the decision by the Respondent to dismiss the applicant on charges of contravening its Code of conduct. Applicant is said to have conducted himself in a disorderly manner and deliberately refused to carry out an order in circumstances where he was held to be insubordinate.
The facts of the case are as follows:
On 21 June 2012 Applicant was served with a notification to attend a Disciplinary Hearing. On the same day when he appeared before the Committee he was advised that his charges were that he had participated in a work stoppage... More
The applicants via this review application seek an order setting aside the decision of the Magistrates’ court at Zvishavane, per MATURA Esquire (the 2nd respondent) granting an application for execution pending appeal. The execution being the eviction of the applicants from houses which they occupied at the time of the application by virtue of their employment with the 1st respondent. More
This is an appeal against the appellant’s dismissal from respondent’s employ. The following are the grounds of appeal and I quote:
‘1. The appeals authority erred at law in making a finding that the Appellant was guilty of failing to obey an order on the 8th November 2021 when allegations against the appellant on the first charge was that Appellant disobeyed an order issued on the 29th October 2021.
2. The appeals authority erred at law in failing to make a finding that the charge of willful disobedience to a lawful order was unsustainable to the extent the Appellant had... More
On 9 October 2020, I granted the applicant’s application for bail based on changed circumstances. Not satisfied with my order, the State requested that I supply my reasons for granting bail. I now provide the reasons.
The background to this matter is that the applicant was arrested on 26 July 2009 on allegations of murder and armed robbed together with three accomplices. (See CRB No. 14/16). One of the co-accused, Tendai Jongwe, was granted bail by this Court under B 1227/16. The applicant was indicted for trial before this Court on 25 January 2012. The trial matter commenced 25 January... More
This is an appeal against sentence only.
Proceedings a quo
The appellants and one other were, on 31 May 2006, convicted of one count of robbery and six counts of rape.
Each was sentenced to 12 years imprisonment in respect of the robbery charge and to 10 years imprisonment on each of the six counts of rape. The court ordered that the sentence on the first three counts of rape was to run concurrently with the sentence imposed on the last three counts of that offence. The sentence concluded with these words:
“Of the total 72 years imprisonment, 12 years... More
This is an appeal against the decision of the Respondent’s Appeals Committee which upheld the Disciplinary Committee’s decision to dismiss the Appellant following allegations of contravening the Respondent’s Code of Conduct. More
