The two applicants are undergoing criminal prosecution at Chiredzi Magistrates Courts for holding, using and occupying gazetted land without lawful authority in contravention of section 3(2) as read with section 3 (3) of the Gazetted Land (Consequential Provisions) Act [Chapter 20. 28]. The allegations being that on the period extending from the 4th day of February 2007 to date and at the remainder of Chiredzi Ranch North both Wasara Wasara Ranching Company (Pvt) Ltd and Thomas Garry Warth being former owners of gazetted land, unlawfully held, used or occupied this land 45 days after the fixed date of 20 December... More
The plaintiff is a director of a company known as Donapro Breeders (Pvt) Ltd which was engaged in running a butchery business but has since closed shop. He instituted summons action against the first defendant, the Group Security and Administration Manager of the second defendant, a company involved in the wholesale of meat products, claiming a sum of US$90 000.00 as “damages for wrongful arrest and unlawful detention”, prescribed interest and costs of suit on an attorney and client scale. More
Applicant is the registered proprietor of the Nissan Caravan under seizure. It’s a 2004 model which he purchased for US$3500. Sometime in December 2020 he was hired by Andrew Kaspara to ferry 160 cases of alcoholic beverages of Mozambican origin into Zimbabwe. Applicant was informed by Andrew Kaspara that the goods had been cleared, so he did not know that they were hot. On 23 December, 2020 the loaded motor vehicle was intercepted by Mutare Central Police Station details at Border Streams, Vumba area along the Zimbabwe-Mozambique borderline and both applicant and Andrew Kaspara were arrested for smuggling. Andrew Kaspara... More
This is an appeal against a decision from the respondent’s Disciplinary Authority(DA).
Mr Mareya, the Appellant was employed by the Respondent as its General Manager, Projects. He was dismissed from employment following disciplinary proceedings on two counts of violating section 4 (a) of the National Code of Conduct S. I 15/2006 as read with sections 14 and 45 of the Public Finance Management Act, [Chapter 22:19] [P.F.M.A.]. Aggrieved by that decision, he appeals on the following grounds and I quote: More
This is an appeal against an award by a labour officer. Before the appeal could be heard two preliminary points were taken on behalf of the respondent. These are that: (i) the appellants have not complied with Rule 11A of the Rules of this Court; and (ii) the prayer is defective. More
The applicant has been leasing stand 729 of the remainder of Greencroft in the district of Salisbury, otherwise known as 729 Lomagundi Road, Greencroft Harare, from the respondent by virtue of written lease agreement signed in October 2009. The said lease agreement terminated by expiration of time on 30 September 2012 but the applicant continued in occupation while paying rentals which were happily accepted by the respondent. More
The applicant is a Workers Union representing Zimbabwe National Water Authority Workers. It is a registered trade union. It originally represented Zinwa employees, but now represents Zinwa employees, and former Zinwa employees who were transferred to Local Authorities when Zinwa’s water function in local authorities was transferred to local authorities.
The respondent is the City of Harare one of the local authorities to which Zinwa transferred some of its workers.
Disputes arouse between the applicant and respondent, the relevant one being the deduction of trade union dues through the check-off system by the respondent from its water employees and their... More
On 22 September 2022, I heard the present application and after hearing submissions from the parties I made the following order:
“The matter is withdrawn and Case HC 694/22 is dismissed on account of the withdrawal.”
I have now been asked for the reasons for the said judgment. These are they.
The plaintiff issued summons against the defendants for payment of US$5 000 000.00 (Five Million United States Dollars) or its equivalent in Zimbabwean currency at the rate prevailing on the date of payment, interest on the amount calculated at the prescribed rate from the date of summons to the... More
This is an application for leave to appeal to the Supreme Court against a judgment handed down on 24 October 2014.
The respondent was employed as a general hand by the applicant. He was charged of actual or attempted theft, embezzlement, fraud or bribery in terms of the code of conduct for the Welfare & Educational Institutions. He was found guilty and dismissed by a disciplinary committee. An internal appeal confirmed this.
I found that the respondent had been wrongly found guilty. I consequently ordered reinstatement without loss of salary and benefit from the date of unlawful dismissal with the... More
: This matter for provisional sentence was set down on the roll for 16 May 2018. The defendant appeared in person. After hearing submissions, I granted provisional sentence in terms of the draft order. On 1 June 2018 the defendant filed a notice of appeal in the Supreme Court which was filed with the registrar of this court on 4 June 2018, hence the request for the reasons for the order made.
The plaintiff issued a summons for provisional sentence against the defendant. The summons is based on written acknowledgment of debt duly signed by the defendant on 8 January... More
The appellant sued the respondent for the return of a ROTRIX RainmakerIrrigator machine alternatively payment in the sum of $8 900.00 being the purchase price for the particular machine. More
Applicant has brought two combined applications which ordinarily should be filed separately. These are, a chamber application for condonation for the late filing of an application for the suspension of sale in execution of a dwelling and the actual application which has been brought in terms of r 71(14) which speaks to the suspension of the sale in execution of a dwelling. More
This is an application for the review of a retrenchment package approved by the 1st respondent in favour of the 2nd to the 52nd respondents.
The 2nd – 52nd respondents (retrenchees) were retrenched by the applicant in August 2015. Their retrenchment was approved by the second respondent, the Minister of Public Service, Labour and Social Welfare (the Minister) on 24 August 2015.
The terms and conditions of the approved retrenchment are as follows:
Terms and conditions of the Retrenchment
Service pay 1 month salary/year served
Severance pay 2 months salary
Relocation allowance 1 month salary
Period of payment requested by... More
This is an appeal against both conviction and sentence. After hearing both counsel on 31 October 2018 we directed that both counsel file supplementary heads of argument on some point of law as both counsel conceded that they were not prepared to make meaningful submissions on that point we had raised. The supplementary heads of argument were to be filed by 16 November, 2018. More
