At the end of hearing argument for both parties the court dismissed the application with no order as to costs. It was indicated at the time that reasons for the decision would follow in due course. More
This is an appeal against the decision of the Appeals Authority of respondent which confirmed a guilty verdict and dismissal in respect of Appellant. More
Respondents were in the employ of the Appellant in various capacities. The Respondents approached the Appellant with the intention of having their employment terminated on the basis
1
of ill-health. The Respondents had contracted different illnesses during the course of their employment with the Appellant. The Appellant was supposed to apply for the termination of this employment in terms of the Group Life Assurance Scheme. The provision was that where medical evidence was vailed showing that a member was permanently medically incapable of performing his/her duties, that employee would be entitled to retire prior to the normal age of retirement.... More
The applicant sought an order in the following terms:
“1. That the Respondent be and is hereby directed to refund Applicant within seven days of the date of this order the sum recovered from the Applicant’s Value Added Tax refund on the 20th December 2005 (sic) of $5 450 939 769.71.
2. The Respondent shall pay interest to the Applicant on the sum recovered from the Value Added Refund (sic) on the 20th December 2005 (sic) in the sum of $5 450 939 769.71 at the prescribed rate of interest from 20 December 2005 to the date of payment in... More
The applicant employed the respondent before charging him with acts of misconduct, finding him guilty and dismissing him from employment.
The respondent was aggrieved with the decision to find him guilty and to dismiss him. He referred the matter to the Labour Court on review. The main grievance raised by the respondent in the review application was that the presiding officer of the disciplinary committee had misdirected himself when he sought to clarify certain issues with the complaint and consulted and clarified the issues in private with the complaint outside the disciplinary proceedings. The respondent argued that his right to... More
This is an application for the review of the Designated Agent’s decision which resulted in him awarding members of the Zimbabwe Rural District workers Union an increment in housing and transport allowance which Bindura Rural District Council was obliged to pay as per the Designated Agent’s determination More
This is an appeal . The appeal matter was deemed abandoned by the Registrar. However, the matter was still set down for a hearing before the parties had dealt with the abandonment. The question of the abandonment was brought to my attention by the parties. More
On 24 March this Court gave an order for the consolidation of two matters “to be heard as one matter.” The two matters are under references LC/H/387/12 and LC/H/351/13. This judgment is on three points in limine raised at the hearing of these matters.
Respondent was employed by applicant as a bursar on a five year fixed term contract. The contract expired on 30 November 2008. Respondent was offered further fixed term contracts of three months until 30 November 2008. On 30 November 2009 interviews or the bursar’s post were held. Respondent attended but was not successful. He thereafter made... More
Judgment which I reserved in this matter has delayed owing to my reassignment to the Criminal Division soon after the hearing of the application. The follow up enquiries made by the parties as to when judgment would be ready are acknowledged and noted. The delay is deeply regretted by me and I note for the record my regret to the legal practitioners and parties of this matter for this occurrence. More
After reading documents and hearing counsels I delivered an ex tempore
judgment on the 18th of May 2017 granting the order sought on the following terms-
“IT IS ORDERED THAT:
1. The third respondent, and all those that claim through him, be and are hereby
evicted/ejected from:
CERTAIN piece of land situate in the district of Charter
CALLED the Remainder of Palgrave;
MEASURING one thousand six hundred comma eight six zero seven
(1 600.8607) hectares
and
CERTAIN piece of land situate in the district of Chilimanzi
CALLED Uamvar Estate;
2
HH 370-17
HC 415/14
MEASURING one thousand seven hundred and... More
In 1997Binga Rural District Council resolved that applicant would sell some of its houses to employees of council who had served for a minimum of 10 years. This resolution was communicated to all employees. Respondent indicated her intention to purchase the property being stand number 259 Binga. In October 2007 the parties entered into a lease with an option to purchase agreement. The parties agreed on a purchase price of Z$360 million. The respondent paid a deposit of Z$100 million in two instalments during November 2007. On 31st December 2017 respondent’s contract of employment was formally terminated. Applicant’s employment policy... More
The applicant seeks the rescission of a default judgment that was granted against it on 11 May 2022, under HC 4637/20. That default judgment was granted following the applicant’s failure to file its plea within the period prescribed by the rules of this court. Before the default judgment was granted, the applicant had, on 22 April 2022, filed a chamber application in HC 2676/22 for the removal of the bar operating against it in respect of its failure to file the said plea. The default judgment was therefore granted when the chamber application for the removal of the bar was... More
Applicant seeks a provisional order in the following terms:-
“Terms of the provisional order granted
1. Respondents be and are hereby ordered to forthwith hand over a property listed in Annexture ‘B’ to the founding affidavit to the applicant upon service of this order.
1(a) In the event of the respondents refusing or forbidding to comply with the terms of para 1 above, the Deputy Sheriff be and is hereby authorized to retrieve the said property from the respondents’ property and deliver it to the applicant.
2. Respondents are required to account for one applicant’s property sold prior to 14... More
