Applicant filed an application in this Court for the review of his dismissal from employment by Respondent. The Respondent opposed the application. More
The applicants approached this court by urgent chamber application filed on 18 June 2018 seeking urgent interim relief in the form of a temporary interdict couched as follows: More
DUBE-BANDA J: This is an appeal against the entire judgment of the magistrate’s court sitting at Tredgold Bulawayo, dated 18 September 2019. The court a quo ordered appellants to pay respondent, jointly and severally, the one paying the other to be absolved, the sum of US$ 53 969.85; interest at the prescribed rate calculated from the date of summons to the date of final payment; and costs of suit on a legal practitioner and client scale. Appellant was aggrieved by the judgment and noted an appeal in this court. In the main, the appeal is about whether the court a... More
1. This is an application for bail pending trial. The applicant is charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 3rd November 2022 at around 2300 hours at Msotsha Bar, Nkankezi Business Centre, Filabusi the accused acting in common purpose with an accomplice still at large caused the death of Benito Dube (deceased). It is alleged further that the applicant stabbed the deceased with an Okapi knife, once on the back, once on the left side of the stomach, and... More
This is an urgent chamber application for a spoliation order. The applicant seeks restoration of what it claims has been its peaceful and undisturbed occupation and use of a certain piece of land, being 40 hectares of Buckland Estate, which is a subdivision of 280 hectares of Buckland Estate, situated in the District of Goromonzi. More
The facts of this matter are common cause. There is in existence a Collective Bargaining Agreement governing the timber sector of the agricultural industry, Statutory Instrument 55 of 2013. (CBA). The CBA provides, inter alia, for a minimum wage of US$150.00.
The parties engaged in wage negotiations in which the respondent initially sought for an increase of the minimum wage from US$150.00 to US$180.00. It eventually backed down to the gazetted minimum wage. Its position was that this should be maintained at US$150.00 as agreed in the CBA. More
The applicant herein seeks the following order:-
“WHEREUPON after reading the papers filed of record and hearing Counsel: IT IS ORDERED AND DECLARED THAT:
(a) The applicant duly paid all import duties and taxes for the motor vehicle:
Make Toyota Landcruiser
Model 200 series
Engine No. IVD 0032379
Chassis No. JTMHV05J004018755
(b) That the payment of duty released the motor vehicle from any and all encumbrances connected with the immigrant’s rebate.
(c) That the first respondent is not entitled to demand, seize or impound the motor vehicle.
(d) That the first respondent shall not demand the surrender of the motor... More
This is an application for absolution from the instance by the defendant at the close of the plaintiff’s case. The defendant contends that there is no need to call the defendant to rebut the plaintiff’s claims because there is no evidence that has been placed before the court to rebut.
The facts of the case are relatively narrow. The plaintiff Timothy Curtis Jackson is a commercial farmer who at the material time was leasing Ruya Ranch Farm from one Mr Nyamupfukudza for the purposes of commercial production of tobacco and maize amongst other crops. The plaintiff and defendant entered into... More
This is an application to introduce a fresh fact on appeal which was sought on the basis that respondent had failed to file its heads of argument as prescribed by the Rules of this Court and was therefore barred. In that regard applicant claims to be entitled to apply for judgment in terms of Rule 19 (3) of the Labour Court Rules.
At the hearing of the application this court dealt with an oral application for upliftment of bar and condonation of late filing of heads of argument. More
1.1 That the caveat placed on the immovable property identified as certain piece of land in the district of Salisbury called Remainder of Lot 40 of Reitfontein measuring 6, 8288 hectares as will more fully appear upon reference from Deed of Transfer Reg No. 9563 with diagram annexed in respect of Lot 4 of Reitfotein made in favour of Godfrey James King on the 4th of January 1912 and to the subsequent Deed so Transfer the last of which passed in favour of Jun Mclachlan (Reg No. 3125/74) on the 23rd day of May 1974 remain and not be capable... More
1. This is an appeal against the judgment of the magistrates Court in terms of which the appellant was convicted of three counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 12 years imprisonment per count. Of the total 36 years imprisonment 6 years imprisonment was suspended for 5 years on the usual conditions of good behaviour and a further 3 years imprisonment was suspended on condition the appellant paid restitution. Thus, the effective sentence was 27 years imprisonment. The appeal is against both the conviction... More
The appellant was employed by the respondent. He was charged with misconduct, found guilty and dismissed. In these proceedings, he appeals against both conviction and sentence. More
The applicant in this matter seeks an order, inter alia, compelling all the respondents to facilitate and pay for a Pajero motor vehicle which he had ordered through the 4th respondent. The basis of his claim is that he is entitled to acquire the said vehicle through the Members of Parliament Vehicle Loan Scheme which was initiated in 2001 (“the Scheme”) and that the respondents have unlawfully denied him the benefits of that facility. More
This is an application for absolution from the instance made by the defendants at the close of the plaintiff’s case in terms of rule 56(6) of the High Court Rules, 2021. The plaintiff opposed the application More
