The appellant employed the respondent as an expenditure clerk from July 2000. She was a grade seven employee in February 2018, the appellant was assigned to do grade nine duties. Her pay and other benefits however remained at those of a grade 7 employee.
The respondent brought a claim against the appellant alleging that the appellant had failed and or neglected to pay her an acting allowance. The issue referred to the arbitrator was therefore that of alleged nonpayment of an acting allowance. More
This is an automatic appeal against both conviction and sentence. The appellant was convicted of murder with actual intent by the High Court sitting on circuit at Gweru on 22 September 2014. Upon conviction, the penalty of death was imposed. More
The present matter is an appeal against the determination and penalty imposed by the 1st Respondent Disciplinary Authority which determination was dated 6 May 2015. More
This is an urgent chamber application for an interdict barring the first and second respondents and any persons acting through them from interfering with the applicant as he retrieve his assets which are currently sitting on the third respondent’s premises in Msasa Harare. More
A brief background of this matter is that on 14 February 2017 applicant filed an urgent chamber application seeking provisionally an order interdicting respondents and any other persons acting through them from interfering with or otherwise disrupting Applicant from collecting his assets from 3rd respondent’s premises at any given time and also that 2nd respondent be interdicted from issuing threats of harm to applicant and preventing or disrupting applicant from carrying out his activities at 3rd respondent’s premises. More
The background to this matter is as follows: - The applicant entered into an agreement of sale with the first respondent in respect of an immovable property being an undivided 3.14690411% share being share number 18 in certain piece of land situate in the district of Salisbury called stand 1282 Salisbury township measuring 892 square metres held under Deed of Transfer Number 2538/2017. The agreement was signed by the applicant on 22 August 2017 and by the first respondent on 27 August 2017. More
This is an application for leave to execute judgment pending the determination of an appeal against the judgment of this court dated 24 January 2012. The background to this application is as follows: More
The applicant filed this urgent chamber application claiming the following relief which is quoted verbatim with its grammatical errors as set out in the draft provisional order:
“TERMS OF THE FINAL ORDER SOUGHT More
The appellant is aged 22 and was a student at Africa University in Penhalonga, Mutare. In count 1 the State alleges that on 12 February 2019 at around 1600 hours, Desire Gwaturi, first complainant was in his room K17 when the appellant came to him looking for a hard drive. Complainant told appellant that the hard drive was in the adjacent room to his. Complainant accompanied the appellant to the room and when complainant returned to his room, he found his Samsung S. 3 blue in colour missing. Appellant later on admitted stealing the cell phone. The cell phone is... More
On 7th March 2013 the Honourable M. Dangarembizi made an arbitration award. In terms thereof he ordered Appellant to pay 2nd Respondent an amount of $14,706.04 in respect of union dues collected from 1st Respondent. Appellant then appealed to this Court against the award. More
At the onset of oral argument in this Court, respondents made an oral application for condonation of the late filing of their Response. Appellant opposed the application.
It is common cause that the notice of appeal was served on respondents on 22nd June 2023. They were required to file a Response on or by 6th July 2023. They only filed their Response on 13th July 2023. They were 5 days out of time. Respondents’ attorney stated, from the bar, that they had problems in uploading the Response onto the Court’s IECMS platform over the 5 days. They also tried using... More
This is an application for rescission of a default judgment granted by this applicant on 26 May, 2021. It is opposed.
The requirements for a default judgment to be rescinded are as follows:
1. Whether or not the applicant was inwilful default.
2. Whether or not the application is bona fide;
3. Whether there are prospects of success should the matter be heard on the merit More
Defendant entered appearance to defend and filed a plea. The basis of the plaintiff’s claim is that on the 29th of August 2018, plaintiff and defendant entered into a Marketing Licence Agreement herein after called the (“MLA”) wherein plaintiff was the Licensor and defendant the Licensee. Plaintiff who is the owner of property known as Fife Street Service Station allowed defendant to occupy and utilize the service station on terms agreed in the said agreement. The agreed duration of the agreement was one (1) year from the 1st June 2018 up to the 31st of May 2019. In terms of... More
The plaintiff issued summons out of this court on 8 September 2009. It sought an order confirming the cancellation of the lease agreement it had with the defendant, the eviction of the defendant and all those claiming occupation through it, arrear rentals, holding over damages, interest and costs of suit. The summons was served on the defendant on 9 September 2009. The defendant entered appearance on 11 September and filed its plea on 30 October 2009. More
