This is an application for condonation of late filing and extension of time within which to file an application for leave to appeal to the Supreme Court against a judgment of this court handed down on 18 September 2015. In terms of Rule 36 of S.I. 59/06, an application for leave to appeal to the Supreme Court is to be made within 30 days from the date of the decision sought to be appealed against. Applicant avers that he only became aware of the judgment on 15 December 2015. The present application was filed on 17 December 2015. More
The record of this matter was placed before me in chambers for consideration. It is an application for interim relief purportedly made in terms of section 92 E subsection (3) of the Labour Act [Cap 28:01]. More
This present matter is a dispute over the origins hence ownership of a consignment of Lithium ore seized by police on the 8th of May 2023. The applicant and 1st respondent are both duly registered companies and are both into lithium ore mining. In addition, the 1st respondent claims that it also sources lithium ore from small scale miners. The facts of this matter are fairly straight forward and for the most part common cause. On 5 May 2023 the applicant got wind from the police that some lithium ore suspected to have been extracted from its mine was in... More
The applicant seeks leave to be allowed to amend its pleadings in HC 187/19. The applicant is the first defendant in that matter and the 1st respondent is the plaintiff. Before filing this application the applicant sought the consent of the 1st respondent to no avail. More
This is an opposed urgent chamber application for interlocutory relief pending the disposition of the appeal in SC 269/21, in terms of r 39 (1) as read with r 73 of the Supreme Court Rules, 2018 as further read with r 244 of the High Court Rules, 1971. The appeal goes to the root of proceedings pending before the first respondent, a Regional Magistrate. In short the applicants are seeking an order staying proceedings before the first respondent, pending finalisation of the appeal under SC 269/21. On 10 November 2021, I gave an order staying the proceedings. The reasons for... More
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
