The applicant approached this Court in terms of s 85(1)(a) of the Constitution of the Republic of Zimbabwe Amendment (No. 20) 2013 (“the Constitution”), alleging that the respondents infringed the following of her fundamental rights – the right to dignity; the right not to be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment; and the right not to have a health condition disclosed. The allegation was that these rights, which are enshrined in the Constitution, were violated when the first respondent subjected the applicant to disciplinary proceedings for alleged misconduct arising from her alleged failure... More
This chamber application for dismissal of a matter for want of prosecution was heard on 29 February 2024. The matter that the applicants wanted dismissed was an application for rescission of a default judgment filed by the first respondent herein under HC 679/23. More
This is an application for condonation of late filing of an appeal against the judgment of the respondent’s appeal hearing authority on 28 January 2014. More
The applicant issued summons against the respondent for payment of $29 400 being arrear rentals in terms of a lease agreement between the parties, eviction of the respondent and all those claiming through him, from no 3 Bodle Avenue, Eastlea, Harare, holding over damages at the rate of $1 200 per month with effect 1 May 2017 to date of vacation, prescribed interest thereon and costs of suit on a legal practitioner and client scale. Respondent entered appearance to defend on 16 May 2017, whereupon the applicant applied for summary judgment on 17 May 2017. More
On 29 October 2008 the applicant and the first respondent entered into a written agreement in terms of which the applicant advanced to the first respondent the sum of one hundred thousand United States dollars (the equivalent then of two hundred Old Mutual Ordinary Shares, listed on the Stock Exchange). As a return on this investment, it was agreed that the applicant would be entitled to thirty percent of the capital sum invested “each and every month” regardless of the performance of the investment. The thirty percent return was to accrue without deduction each and every month the capital sum... More
This is an application for a default judgment. My brother judge, BHUNU J, and I raised a query. We felt the claim did not disclose a cause of action. The Plaintiff is in effect claiming specific performance yet, by his own admission, he was in breach of his side of the contract. More
The appellant appeared before a magistrate sitting at Bulawayo on the 18th of November 2018 facing two counts of contravening section 89 (1) (a) of the Criminal Law (Codification and Reform) Act (Chapter 9:23), that is assault. Appellant pleaded not guilty to both counts but following a full trial he was convicted and sentenced to 48 months imprisonment of which 12 months was suspended for 5 years on the usual conditions of good behaviour.
Dissatisfied with the outcome of the proceedings in the court a quo, appellant lodged an appeal against both conviction and sentence.
In his grounds of appeal,... More
An exception and a special plea fall under the genus “Alternatives to pleading to the merits; forms”. Whilst the stated matter is the case, the two are not the same. They are markedly different from each other.
Herbestein & Van Winsen articulate the difference which exists between a special plea and an exception. They do so in The Civil Practice of the Supreme Courts of South Africa, 5th ed Volume 1 pp 599-600. More
This is an appeal against the decision of the designated agent for NEC Engineering. Two issues were for contest before the Designated Agent i.e. the issue of arrear salaries and benefits on one hand and the issue of leave days on the other hand. At the onset of the appeal the appellant abandoned the first ground relating to salary arrears thus leaving only the issue of leave days. More
On the 17th day of March 2023, I handed down judgment ex tempore as follows
1. The respondents shall, jointly and severally with the one paying the other to be absolved pay applicant the total sum of US$ 2,500,000 (Two Million Five Hundred Thousand United States Dollars only.
2. The 1st respondent’s 2 Zimbabwean registered aircrafts namely, Boeing 737-500 Z FAA and Boeing -500-Z-FAB be and are hereby declared specially executable.
3. The respondents shall pay costs of suit. More
This matter is hereby disposed of in terms of Section 89 (2) (a) (i) of the Labour Act [Chapter 28:01]. This is so because after the appellant lodged its appeal on 1 September 2014 and as per Form LC 2 filed of record the Registrar by document stamped 16 September 2014 invited the respondent to put in his response to the appeal, nothing was ever done about the matter thereafter. It is apparent that this appeal has been abandoned hence the decision to dispose of it in the present manner. More
This is an appeal against the whole judgment of the Labour Court, Harare, dated 8 October 2021, which ruled that a Designated Agent had the jurisdiction to determine a dispute between the parties, which arose when the appellant retrenched the respondents in terms of s12 of the Labour Act [Chapter 28:01] (‘the Act’). The dispute had already been referred to, but not determined by, the Retrenchment Board. More
Respondent (employee) applied to this Curt for the reinstatement of his abandoned appeal. Applicant (employer) opposed the application.
On 19 January 2024 this Court dismissed the employer’s points in limine under judgement referenced LCH 09/24. The application proceeded to a hearing.
On 19 January 2024 this Court granted the application and reinstated the appeal under judgment referenced LCH 19/24.
Then on 15 February 2024 the employer failed the present application for leave to appeal both judgements to the Supreme Court of Zimbabwe. More
This is an appeal against an arbitral award handed down on 12 August 2015, in terms of which the respondent was awarded back pay from June 2009 to August 2011 for performing duties of an artisan. More
