This appeal was set down in terms of Rule 19 (3)(a) of the Labour Court Rules, 2006. The appellant, being represented by a legal practitioner had not filed its heads of argument in terms of Rule 19 (1)(a) of the Rules. More
On 28 September 2010 I granted an order for summary judgment in favour of the plaintiff. An appeal has now been filed and reasons for my judgment have been requested and these are they.
In this application, the plaintiff seeks summary judgment for an order in the following terms: More
Appellant having been aggrieved by an arbitral award noted an appeal to this court in terms of Section 98(10) of the Labour Act [Chapter 28:01] the Act. More
On 24 April 2014, the City of Bulawayo woke up to the news of the horrific double murder of Mthabisi Dube and his girlfriend Lokukhanya Ncube. Their bodies were discovered in a grass filled drainage at the corner of Intemba and Rangemore Roads in Nkulumane 12. Lokukhanya had her skirt pulled up to her waist, her hands were tied together and the right side of her abdomen was ripped open with a sharp object. Her legs were also tied together. She had a deep cut in the neck. Mthabisi’s hands were tied from behind with a black shoe lace and... More
The applicant in his founding affidavit states that he is a dully consecrated and enthroned Bishop currently heading the Anglican Diocese of Manicaland.
The second applicant is the Anglican Board of Trustees for the Diocese of Manicaland whereas the first respondent is the Church of the Province of Central Africa. More
1. This is an application for bail pending trial. Applicant is being charged with two counts, in count 1 he is charged with the crime of contravening section 45(1) of the Parks and Wildlife Act [Chapter 20:14) as read with section 128(b) of the same Act. It being alleged that on the 19th April 2022,he unlawfully had in his possession six pangolin trophy scales weighing 200 grams. More
This is an appeal that was brought to me via the chamber book. I dealt with the matter in chambers and dismissed the application for lack of prospects of success on appeal. More
It is crucial in this matter to begin with the opposite remarks of WESSELLS J in Whittaker v Ross & Anor1911 TPD 1092 at 1102-1103 that:-
“The object of the court is to do justice between the parties. It is not a game we are playing, in which, if some mistake is made, the forfeit is claimed. We are here for the purpose of seeing that we have a true account of what actually took place, and we are not going to give a decision upon what we know to be wrong facts.” More
1. On the 5th of July 2024 this court granted leave to appeal a decision of this court. The court was desirous to see the issue of jurisdiction that was before it looked at by a superior court of more than one Judge. This was clearly espoused to the parties. A few days after the order granting leave was issued there was a request for reasons for the order. This was not really surprising as the parties had had two bruising battles which clearly showed that there would be a long and arduous fight. More
The Applicant was employed by the second respondent. He was charged of acts of misconduct by the very second respondent, found guilty and dismissed from work. The Applicant appealed against, as well as applied for a review of, the decision before this court, citing the second respondent only. The second respondent denied jurisdiction of this court in that case. Case LC/H/1186/22 refers. Having met this hurdle the Applicant applied for joinder of the second respondent in the present case LC/H/494/23. More
This is an application for the review of disciplinary proceedings conducted in the applicant’s case on charges levelled against him by the respondent employer. More
The applicant is seeking a stay of execution of a judgment granted in default on 31 May 2010.
Summons that gave rise to the default judgment were served on the second respondent whose address of service was cited as Stand 223 Makoni Shopping Centre, Chitungwiza. However, the writ of execution, notice of seizure as well as notice of removal give the second respondent’s address as stand number 20924 Unit ‘G’ extension Shopping Centre. More
A pre-trial conference is an integral component of proceedings which commence under Order 3 of the High Court Rules, 1971. It is at that conference that the parties to a case meet on their own or with the assistance of a judge to:
i. settle the case between them; or
ii.define issues and ancillary matters which the pre-trial conference judge refers to trial.
Rule 182 of the rules of this court is relevant. It makes provision for a pre-trial conference. It, in short, defines the rights and obligations of the parties to a case and the important role which a... More
The second applicant is a subsidiary of the first applicant. Both are companies with limited liability and are registered as such under the laws of Zimbabwe. They conduct business mainly in the supply of road construction materials and petroleum products. The first respondent is a duly incorporated company with limited liability under the laws of Zimbabwe and the second respondent is a director of the first respondent. He is cited herein as a surety and guarantor of the first respondent. More
Going through the pleadings in this matter was akin to charting through the maze. It is an example of how “not to file pleadings” before carefully considering a matter. The plaintiff issued summons against the defendant on 24 May 2016 seeking payment of the sum of $20 140.00 being rental arrears arising from the hire of a Plant Bell Grader in terms of a lease agreement dated the 8th of July 2015; interest at the prescribed rate of 2% per month, calculated from the 21st of October 2015 to date of full and final payment both dates inclusive and costs... More
