The appellant in this case was employed by Braeside Spar as a counter hand. She was charged for lack of skill which she expressly held herself out to possess.
The facts leading to this allegation against her were that, on 29 October 2012 the respondent failed to serve a client in a manner that was expected of her, leading to the client lodging complaints against her with management. More
This is an appeal by the employer (appellant) against a decision in favour of the respondent.
The brief facts are that the respondent was suspended from employment on 29 October 2012. She was thereafter charged with an act of misconduct and was found guilty. The disciplinary committee recommended after hearing the matter that the respondent be given a final written warning. The employer ordered that she be dismissed. More
The plaintiffs’ substantive claim is for an order of ejectment of the second defendant from a certain house in Southerton, a middle density suburb south of Harare. The full description of that property is: a certain piece of land situate in the District of Salisbury, called Stand 8540 Salisbury Township of Salisbury Township Lands, measuring 612 m2, otherwise known as 32 Peall Road, Southerton, Harare. Ancillary to this claim is another directing the first defendant to grant the plaintiffs vacant possession of the property. Holding over damages at the rate of $300 per month from April 2010 to the date... More
At the close of Plaintiff’s case, Defendant launched an application for absolution from the instance. As was to be expected, the application is opposed by Plaintiff. Plaintiff issued a summons in his individual capacity in 2016 out of this Court claiming payment, form the Defendant of US$234 500.00 plus costs of suit on a legal practitioner and client scale. The claim is based on unpaid for security services Plaintiff allegedly rendered to Defendant. Defendant defended the action. More
The applicant approached the court with an application for bail pending trial. The applicant is facing four counts of theft of motor vehicles. The circumstances as outlined in State papers attached clearly shows that he approached the four complainants for purposes of hiring their vehicles which he in turn sold to one Phillip Samudzimu. The applicant in support of the application filed written submissions and also oral submissions were highlighted by the applicant counsel Mr Hove. Mr Hove pointed out that the applicant was a Zimbabwean of fixed abode and that he was a suitable candidate for bail. He further... More
This is an application for execution pending appeal arising from my judgment of 7 November 2007 in which I ordered National Blankets Limited to pay Branson Marketing (Pvt) Limited the sum of ZAR 720 607-07 and interest a tempore morae at the rate applicable in South Africa from the date of the service of summons to the date of payment in full plus costs of suit. It was filed on 2 July and opposed on 17 July 2008. More
BravoLtd is a company in the business of letting out properties. It owns number 125 Dartford Road, Willowvale,Harare, (hereinafter referred to as the premises). It is the plaintiff and the landlord in this matter. The firstdefendant is Wordhouse Multimedia Services (Pvt) Ltd, the tenant and leases the premises from the plaintiff. Theseconddefendantis a director of the first defendant. He bound himself as surety and co-principal debtor for the first defendant’s obligations under the lease agreement. More
The applicant seeks an order that the respondent be ordered to pay a sum of $15 000.00 to the Registrar of High Court as security for costs for case number HC 53/18 (main case), before such case can be set down for trial. The application is opposed. More
This is an appeal against the judgment of the High Court ordering the appellant to pay the outstanding amount due to the respondent in United States dollars (USD) as opposed to its Real Time Gross Settlement (RTGS) equivalent. More
Pending the determination of the application for review under HC4317/22 Applicant is granted the following relief
1. First and second respondents be and are hereby interdicted fromeffectuating carrying into execution and /or performing the tender award to the second respondent described as CIP and Chemicals Tender. More
This is an application for condonation of late noting of appeal against the decision of Honourable Arbitrator Ndomene which was issued on the 16th of May 2012. The Arbitrator confirmed the Respondent’s ruling to dismiss the Applicant from employment.
The Applicant has given his reasons for the delay. He stated that he was in the rural areas and he could not pay the Arbitrator. He has also stated that he has prospects of success because his absenteeism was due to illness during a period when the country was going through an economic meltdown. The Applicant also stated that the 2nd... More
On the 17th of October 2022, I dismissed this application ex tempore with costs on the ordinary scale. I have been requested to give reasons and these are they. More
This is an application for cancellation of a lease agreement entered into between applicant and respondents, in respect of stand 279 Woodlands, Uplands, Waterfalls, Harare. Applicants also sought the eviction of the respondents from the above property. Applicants claimed for arrear rentals in the sum of $28 700.00 and holding over damages in the sum of $700 per month from the date of summons to the date of eviction. Applicants alleged nonpayment of rentals as the basis for cancellation More
Applicant submitted that respondent’s opposing affidavit was not properly commissioned because it does not show the date when the Commissioner of Oaths signed it.
Applicant further submitted that the typed date above the deponent’s signature is not enough. More
This is an application for confirmation of a ruling/order made by the applicant in terms of section 93 (5) (5a) of the Labour Act [Chapter 28:01] “the Act”.
The applicant submitted that she heard a matter between the first and second respondents. After considering the matter she made a ruling that the first respondent was unlawfully dismissed. More
