The applicant seeks relief by way of a declaratur. The relief sought is captured in the draft order as follows:
“IT IS HEREBY ORDERED THAT;-
i) An order declaring Deed of Transfer 6618/03 dated 9th September 2003 registered in the name of Unitime Investments (Private) Limited as the holding deed for Stand 825 Bannockburn of Stand 1 Bannockburn.
ii) An order cancelling Deed of transfer 3678/03 registered in the name of 5th and 6th Respondent.
iii) An order cancelling the Deed of Transfer 3677/03 that had been registered in the name of 4th Respondent.
iv) In terms of paragraph (i)... More
After hearing the parties on 1 September 2014 this Court pronounced:
“It is the unanimous view of this Court that the appeal has merit and ought to succeed.
Accordingly, it is ordered as follows:
1. The appeal is allowed with costs.
2. The judgment of the court a quo is set aside and substituted with the following:
‘The application is dismissed with costs.’
Reasons for this judgment will follow in due course.” More
The brief facts of this matter are that an audit was conducted at the workplace. Some anomalies which touched on the applicant’s performance of duties were discovered by the auditors. An explanation was required in order to clarify what appeared to be anomalies. The applicant’s immediate superior asked the applicant to submit a report explaining the perceived anomalies. The applicant refused to write the report. She told her boss that she was going to consult her lawyer first. Her refusal to submit the report resulted in disciplinary proceedings for ‘wilful disobedience of a lawful order’ being conducted against her. She... More
The parties were married on 17 October 2005 in terms of the Marriage Act [Chapter 5:11] now [Chapter 5:17]. Five children were born of the marriage. Two of them are now majors. The minor children are Chikomborero (born 8 September 2008) (male), Rutendo (born 20 August 2015) (female) and Grace (born 26 December 2016) (female).
The parties are agreed that the marriage has irretrievably broken down to such an extent that there are no reasonable prospects of a restoration of a normal marriage between them. Among other reasons the parties have been separated for over one year and lost love... More
The Respondents were employed by the University of Zimbabwe as full time lectures in the University’s Department of Rural and Urban Planning.
They were employed in terms of the University of Zimbabwe Act and in terms of that Act,they were employed for a probationary period of three years after which they could be granted tenure that is if they metcertain outlined requirements. More
This is an appeal against adecision by an arbitrator.Before the merits of the appeal could be argued the respondent raised a point in limine. The respondent argued that the grounds before this Court raise factual issues as opposed to questions of law as provided for in the Labour Act [Cap 28:01] (The Act), Section 98(10) of the Act provides that;
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.” More
This is an application for leave to appeal to Supreme Court. The appeal is against the court’s judgment that was handed down on the 14th of February 2014.
The Applicant’s grounds of this application are that:
(i) The court erred in ordering that Respondent be awarded damages in lieu of reinstatement in United States Dollars when he had suffered loss in the Zimbabwean Dollar currency.
(ii) The court did not implement its findings to the effect that Respondent did not mitigate his loss by seeking alternative employment.
(iii) The Applicant has good prospects of success on appeal. More
This is an appeal against an Arbitral Award granted by Honourable T.S. Makamure on 26th September, 2013. In terms of the award, Appellant was ordered to pay Respondent an acting allowance for the period Respondent held the post of Acting Chief Technician.
On the date of hearing, Respondent was in default despite having been duly served. The hearing proceeded on the merits in terms of Rule 30(a) of the Labour Court Rules, Statutory Instrument 59 of 2006.
At the conclusion of the hearing, I allowed the appeal and indicated that my reasons will follow. These are they.
The facts of... More
The applicant approached this court seeking temporary relief for stay of execution of an order granted by this court per CHINAMORA J pending the confirmation or discharge of the provisional order that it seeks before me. On the return date, the applicant also seeks by way of substantive relief, that the execution of the CHINAMORA J order be suspended pending the determination of an application for leave for direct access that was made to the Constitutional Court. More
This is an appeal against the arbitral award by Hon H Nyamupachitu which was handed down on the 29th of October 2012. In this award the Appellant was ordered to pay a total sum of $120 451.46 within 14 days of signing the arbitral award. More
This is a chamber application for leave to appeal against the judgment of the Labour Court in terms of r 5 (2) of the Supreme Court (Miscellaneous Appeals and References) Rules, 1975. More
The following facts appear to be not in dispute in this matter.
The two respondents were employed by the applicant as research fellows and were based at the Institute of Development Studies. Sometime in 2010 the applicant and the two respondents had an employment dispute which culminated in the subsequent dismissal of the two respondents. More
The present matter is made up of an application and a counter application. In the main application, the applicant is the University of Zimbabwe and the respondent is the now deceased Sherla Greenland. In the counter application Sherla Greenland is the applicant. More
1. This is an appeal against the whole judgment of the Fiscal Appeal Court HH 20/20 dated 8 January 2020. The court a quo dismissed the appellant’s appeal against the decision of the Commissioner in respect of assessed tax and confirmed its amended income assessment made by the Commissioner on 2 September 2015.
2. The appellant is a company, with limited liability, duly incorporated in terms of the laws of Zimbabwe. It carries on the business of mining platinum in an area known as Middleridge Claims in Zimbabwe. The appellant and a related company known as Southridge Limited are subsidiaries... More
