This is an appeal against the employer’s decision to dismiss the appellant from employment. The brief history of this matter is that the appellant was employed by the respondent as a Truck Driver Grade B4 of the Transport industry CBA S I 67/2012. He was invited to answer charges of proven theft offence section 5:1 of S I 67/2012. When the hearing was conducted he was convicted of gross negligent driving. More
Plaintiff is suing the defendant for the recovery of US$7 541.41 which he alleges is made up of (a) a consultancy fee in the amount of US$2 500.00; (b) commission and (c) telephone bills arising from a verbal agreement which it states it entered into with the defendant company. The terms of the agreement as alleged by the plaintiff,were that the plaintiff would be paid a consultancy fee in the amount of US$3 125.00 and commission calculated at 10% for helping the defendant to set up and run a panel beating; sales and engineering shop at No. 14 Martin Drive,... More
This is an appeal against the discharge of the Appellant from the Civil Service following conviction for misconduct. The Appellant was employed at Belvedere Teachers’ College as a lecturer. More
This is an application for a stay of execution pending interpleader proceedings and possibly a rescission of judgment application. No interpleader proceedings have been commenced presumably because the claimant has not even brought the said claim to the attention of the deputy sheriff. More
The appeal is noted against the arbitral award dated 27/01/2012 directing Respondent to pay Appellant and 7 others one month salary as cash in lieu of notice.
The background facts to the matter are as follows;
The Appellant were employed by the Respondent on contracts from 18th of October, 2010. The terms and conditions of the contracts is the subject of dispute between the parties. The Appellants submit that they were on contracts without fixed duration and therefore the contracts could not be terminated on notice. In the alternative Appellants submit that even if they were on fixed term contracts... More
This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court against this Court’s judgment of the 6th May, 2011. More
At the hearing of this matter I upheld the appeal with costs. The following are the reasons for that decision:
1. The sole issue before this court is whether or not the National Employment Council for the Welfare and Educational institutions Appeals Committee (“NECWEl Appeals Committee’) was correct to interfere with the penalty of dismissal imposed on the respondent by the Disciplinary Committee.
2. It is trite that an appeal court will not interfere with the exercise of discretion unless such exercise has been afflicted by a serious misdirection.
3. It has not been proved in this case that the... More
This is an application for quantification of damages. This Court, in an Order dated 23 May 2022, determined that Applicant be reinstated into her former position without loss of salary and benefits. Respondents declined to reinstate her. Hence the present application. More
The parties herein are wife and husband and both concede they have lost love and affection for each other and want a divorce. The plaintiff issued summons out of this court claiming a decree of divorce, custody of the minor children, maintenance and a division of the matrimonial assets. More
Arbitration falls in the realm of alternative dispute resolution. In a jurisdiction like Zimbabwe in which the adversarial approach is used, it is often touted as a better alternative than the winner-take-all approach. However, as this matter will show, there is a long line of litigants who as they are entitled to, seek setting aside of awards in terms of Article 34 of the schedule to the Arbitration Act [Chapter 7:15] More
1. This is an appeal against the whole judgment of the High Court in a matterin which three court applications mentioned hereunder were consolidated by consent and consequently heard at the same time.
2. An application under HC 11481/17 was made by the appellant in terms of r 358 (9) of the Rules of the High Court, 1971 (the rules), for the setting aside of the first respondent’s decision confirming the second respondent as the highest bidder in a sale in execution. The parties in that matter were the appellant, as the applicant, with the respondents being the first, second... More
This is an oral application made in chambers at the instance of the plaintiff on the date set down for a pre-trial conference. On 26 February 2013 the parties appeared before me duly represented by their respective legal practitioners of record for the purpose of holding a pre-trial conference. That pre-trial conference was postponed sine die on specific conditions which were explained to all present. In brief the parties were to convene their own conference with a view to settle the matter. If they failed then they would have to set out those matters which would have been agreed and... More
The applicant and the first respondent are allegedly siblings born to the late Timothy Chirimba, though applicant disputes that first respondent is indeed his father’s son. At the centre of the dispute is an immovable property, stand number 8577 Kuwadzana phase 3 (hereinafter called the property). It is common cause that Timothy Chirimba who died on 22 January 2005 was father to applicant, Letwin Chirimba and Joyce Chirimba. The first respondent claims that he was also a son to the late Timothy Chirimba but this is disputed by applicant. During his lifetime the late Timothy Chirimba was a cooperative member... More
This is an application for absolution from the instance brought in terms of Order 11 Rule 79 (2) of the High Court Rules 1971 on the premise that the plaintiff has failed to prove a prima facie case More
