The above mentioned matter was set down for hearing before me on the 4th of April 2012. During the course of hearing the Appellant then indicated his wish to produce certain documents as evidence before the court.
As these documents had not been produced in the proceedings a quo the Appellant was directed by the court to lodge a formal application for leave to introduce that evidence. The Respondent was then granted leave to file its response to the application. The Appellant having filed the application and the Respondent its response thereto the following is the court’s ruling on the... More
There was drama in this case. At the hearing of the matter Mr A Mugiya who appeared on behalf of the applicants applied that this matter be deferred to some other date in the future to enable him to attach the record of proceedings as well as the Notice of appeal to his application for condonation for late filing of Notice of Appeal and extension of time within which to file Notice of Appeal. The application to defer the matter to another date was resisted by Mr TE Mazarure on the basis that he was hearing of the intention to... More
This is an appeal against the decision of the Disciplinary Authority dated 9 October 2015. Appellant was employed as a Deputy Head Master stationed at Bromely Primary School, Goromonzi District in Mashonaland East. He was charged of misconduct on 14 December 2014 in terms of Section 44 (2) of SI 1/2000. More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal. These are they:
Applicant is on remand on a charge of rape which occurred in 2021. He is alleged to have forcibly had sexual intercourse with the complainant who is a juvenile. Applicant is also alleged to have stuffed complainant’s mouth with a piece of trousers to prevent her from screaming for help. In April 2022 complainant revealed the matter to her sister who informed her mother. A report was made to the police and applicant was arrested on 7 May... More
This is an Appeal against the decision of the NEC Appeals Board dated 4th October 2013. The Board in brief made the following decision;
“Having said this, the NEC Chairman noted that though Respondent was wrong in giving short notice of eight (8) days for the Appellant to leave, there was no material prejudice that the Appellant had suffered and ultimately it was the bank’s prerogative to transfer employees -----. The decision is that the Appellant’s grievances is dismissed.” More
On 15th July 2014 Arbitrator P. Chinguruve made an arbitration award. He ordered Appellant to pay Respondent a total sum of US $4 050.00 in respect of outstanding wages and leave pay. Appellant then appealed to this Court against the award. Respondent opposed the appeal.
The dispute relates to the periodbetween 1 March 2009 to October 2011. That is the period soon after the introduction of the multiple currencies regime by the Zimbabwean monetary authorities. Appellant admits owing Respondent unpaid wages during that period. But they denied that it was in the amount claimed by Respondent. The variance arises from... More
This application is made in terms of Article 34 of the Model Law in the Arbitration Act [Cap 7:15]. That Article provides:
“1) Recourse to a court against an arbitral award may be made only by an application
for setting aside in accordance with paragraphs (2) and (3) of this article. More
This is an application for the registration of an arbitral award made by Retired Justice Smith on 31 May 2012 in terms of which he confirmed as valid, the termination of a lease agreement between the parties, directed the respondent to vacate the leased premises, namely 1stand 2ndMezzenine Floors Century House West, 36 Nelson Mandela Avenue Harare, (the premises), or face eviction and directed the respondent to bear the applicant’s costs on the scale of legal practitioner and client. More
The appellants and 2 others appeared before a Magistrate sitting at Hwange Magistrate’s Court. They were charged with the crime of contravening section 82 (1) of Statutory Instrument 362/90 as read with section 128 (b) of the Parks and Wildlife Act (Chapter 20:14) as amended in section 11 of the General Laws Amendment Act Number 5 of 2011 “Unlawful Possession of Ivory”. More
This is an appeal from the judgment of a magistrate sitting at Harare on 5 August 2010 in which she granted an order of eviction to the respondent against the appellant More
This is an Urgent Chamber application for a stay of Execution in which the Applicant is seeking relief on the following terms;
“A. TERMS OF THE FINAL ORDER SOUGHT
1. The notice of seizure and attachment issued by 3rd Respondent under case number HC4098/20 for the transfer of US$66 000.00 from Applicant’s BancABC’s account number 56277276633013 into 3rd Respondent’s account be and is hereby set aside.
2. 1st Respondent’s decision to freeze Applicant’s account be and is hereby declared to be unlawful.
3. The 1st, 2nd and 3rd Respondents shall pay the costs of suit on an attorney and client... More
In the process of executing a judgment of the High Court against B. M. Graphics (the judgment debtor), the sheriff placed under judicial attachment certain movable property found at stand no. 499 Goodwin Road, Willowvale, Harare. The appellant lay a claim to that property resulting in interpleader proceedings being instituted. More