This is an appeal against the whole judgment of the Labour Court handed down on 27 May 2018 dismissing with costs, the appellant’s appeal to that court. The appellant had appealed against an arbitral award finding that it had constructively dismissed the respondent from employment. More
On 30 November 2016, the High Court issued an order in which it allowed the application for the registration of an arbitral award granted in favour of the respondents. In addition, the High Court dismissed an application for a counterclaim mounted by the appellant. The costs of the matter were awarded to the respondent. More
This is an appeal against a decision of the High Court granting the respondents’ application for the review of the appellant’s decision to increase tariffs applicable to the respondents. More
At the conclusion of the hearing of an appeal noted to the Labour Court by the appellant, the Labour Court upheld the point in limine taken by the respondent that the appeal was improperly before the court as it sought to impugn findings of fact rather than law. As a consequence of that finding, the court a quo dismissed the appeal with costs. It is against that order that the appellant has now approached this Court seeking an order setting aside that finding and remitting the matter to the court a quo for a determination of the matter on the... More
This is an appeal against part of the judgment of the Special Court for Income Tax Appeals handed down on 14 August 2020, dismissing the appellants’ appeal against the respondent’s Commissioner’s dismissal of its objection in respect of its failure to deduct Pay As You Earn (PAYE) in respect of meals and accommodation the appellant provided to its employees and penalties the respondent’s Commissioner had imposed against the appellant. At the hearing of the appeal the appellant abandoned its grounds of appeal in respect of penalties. The appeal was therefore argued on whether or not the accommodation and meals the... More
BHUNU JA: Before us is an appeal against the entire judgment of the High Court upholding the Respondent’s application for a declaration of validity of the parties’ contract of service coupled with an order for specific performance.
It is common knowledge that this country is facing a critical shortage of electricity, a vital necessity for the socio-economic wellbeing of the citizenry and the nation at large. The two parties whoturned contractual protagonists were entrusted with improving the availability of this scarce resource in Gwanda. They havehowever been embroiled in perpetual contractual disputes for the past five or so years without... More
This is an appeal against the whole judgement of the High Court (the court a quo) sitting at Harare, dated 11 January 2023, wherein it declared that the procurement contract entered into between the appellant and the respondent was valid and binding between them. The court a quo proceeded, consequently, to grant an order of specific performance of the contract. It also dismissed the appellant’s counter claim and ordered that the appellant pays the respondent’s costs in the claim in reconvention. More
After hearing counsel in this appeal we allowed the appeal and issued an order in the following terms:
“1) The appeal be and is hereby allowed with costs.
2) The decision of the Labour Court is set aside and is substituted with the following:
“The appeal is dismissed with costs.”
3) Full reasons for the order will follow in due course.” More
This is an appeal against the judgment of the Labour Court wherein the court a quo allowed the respondents’ appeal against their conviction for gross negligence in violation of Category D9 of the appellant’s Code of Conduct.
After hearing arguments from both parties we gave the following order:
“1. The appeal be and is hereby allowed in part with costs.
2. The judgment of the court a quo allowing the appeal filed by the respondents in respect of the conviction for gross negligence in breach of Category D9 of the appellant’s Code of Conduct and reinstating the respondents in their... More
In its objection before the Commissioner the respondent sought the setting aside of the Income Tax Act assessment’s made by the Commissioner. It also sought the setting aside of the penalties imposed by the appellant.
In its grounds of appeal in the court a quo the respondent departed from the relief that it sought before the Commissioner in its letter of objection. It rather sought to challenge the Commissioner’s Value Added Tax assessments for the period alluded to above and sought that the appeal be allowed and that the determination of the Commissioner dated 9 November 2018 be set aside... More
This is an appeal against the judgment of the High Court setting aside the decision of the appellant, made on 8 February 2018, ordering the rewrite of an English language examination at Ordinary Level taken by candidates in November 2017. The appeal is mounted against part of the judgment, in particular, paragraph 2 of the operative order of the court a quo. More
This is an appeal against the whole judgment of the Special Court of Income Tax Appeals which upheld the dismissal of objections raised by the appellant against certain assessments for income tax made by the respondent. 2. At the commencement of proceedings Mr Magwaliba, for the respondent, indicated that he was abandoning the points in limine that he had raised. He submitted that the parties had agreed to address the merits of the appeal. For that reason, the said points in limine will not detain the court and will therefore not be adverted to at all. More
1. On 24 February 2017, the Labour Court granted, with no order as to costs, an application for review brought by the respondent against the appellant. It thereby set aside the decision of the appellant to dismiss the respondent whom it reinstated with no loss of salary and benefits with effect from the date of the dismissal. In the alternative and if reinstatement was untenable, it ordered that the appellant pays damages to the respondent More
This is an application for an order of leave for direct access to the Constitutional Court (“the Court”) in terms of s 167(5) of the Constitution of Zimbabwe Amendment (No. 20) Act 2013 (“The Constitution”) as read with r 21 (2) of the Constitutional Court Rules S.I. 61/2016 (“the Rules”). In the event that such leave is granted, the applicant intends to bring an application before the Court in terms of s 85 of the Constitution seeking an order to the effect that the definition of a “marriage” provided in s 2 of the Matrimonial Causes Act [Chapter 5:13] (“the... More
On 30 November 2018, Plaintiff and 1st Defendant entered into a verbal agreement. Under that agreement, Plaintiff paid an amount of US$87,000.00 in return for the delivery of a motor vehicle, a Toyota Land Cruiser Prado VX Chassis Number JJEBH3FJ4OK20718. [the motor vehicle]. The motor vehicle described above was imported into Zimbabwe from South Africa by the 1st Defendant. In or around June 2021, the aforesaid motor vehicle was seized from Plaintiff by the Zimbabwe Revenue Authority [ZIMRA] on the basis that its importation into Zimbabwe had been done fraudulently. The Defendants were duly notified of that development. Despite making... More
