On 20th March 2014 Applicant filed an application for interim relief in terms of Section 92 E (3) of the Labour Act [Cap 28:01]. The application was responded to on 10th April 2014. Both parties filed Heads of Argument and the matter was set down for hearing on 12th May 20-14.
On 5th May 2014 Applicant filed a notice of withdrawal without tendering Respondent’s wasted costs. On the following day Respondent wrote to the Applicant pointing out that the purported withdrawal is defective and gave 48 hours within which Applicant should tender costs failing which the Respondent would pursue the... More
This is an urgent chamber application to stay the execution of the judgment issued in the matter under case number HC 2272/18; Ex-Ref LC/MT/531/18; Ex-Ref LC/B/LARA/2777/18 and the sale of applicant’s movable property being a trailer, bearing registration number ABS 1872. The application is premised on the following grounds:
(a) the matter is urgent;
(b) applicant will suffer irreparable harm or prejudice if execution is granted;
(c) applicant has very good prospects of success on the merits in the main application under case number HC 823/19 More
The applicant approached this court seeking an order to rescind the order granted by this court on 1 April 2009 in HC 6379/07. He approaches the matter from two fronts He seeks rescission in terms of r 63 as well as in terms of r 449 of the High Court Rules (1971) (the rules). His basis for seeking the order is that he was not aware that the matter had been set down for a pre-trial conference. He did not receive the correspondence from his legal practitioners advising him of the set down date. He would receive correspondence from his... More
This is an appeal against the National Employment Council for the Chemicals and Fertilizers Manufacturing Industry’s determination reinstating the Respondent in the Appellant’s employ.
The Respondent was employed by the Appellant company as a truck packer. The circumstances leading to the charge are that a truck driver employed by another company contracted by the Appellant was found with thread used to thread fertilizer bags by the Appellant Company. This truck driver, one Magodora indicated that he had been given the thread by the Respondent. It is common cause that, the thread belonged to the Appellant Company. The Respondent was charged... More
This is an appeal against the whole judgment of the Fiscal Appeals Court of Zimbabwe in which the court a quo struck off the roll the appellant’s appeal against the respondent’s decision. More
This is an application for review of the decision of Second Respondent. The brief facts are that Applicants were employed by David Whitehead Textiles Limited. Between 2009 and 2015, decisions were made to retrench some of the employees. Issues arose as to what amounts were due to the employees. It is not necessary to recount what transpired later save to state that Applicants’ employer was at one time placed under Judicial Management. Applicants’ matter has been ‘going the rounds’ between themselves and the NEC. The last decision from the NEC is dated 24 January 2025. The Applicants had placed the... More
This is an appeal against the decision of the Managing Director sitting as a final determining authority in terms of the Code of Conduct for the transport industry. The Managing Director found the appellant guilty of misconduct and dismissed him with effect from 3 March 2022. More
The applicant is a beneficiary under the government land reform programme (Phase (1) Model A2 Scheme. He has produced an offer letter dated 2 October 2003 duly signed by the then Minister of Lands Agriculture and Rural Resettlement Dr J.M. Made the then acquiring authority in terms of which he was offered subdivision 1 of Arden Estate in Zvimba District of Mashonaland west Province.
Following the recent Constitutional Amendment number 17 which had the effect of government lawfully acquiring the land in question the applicant was again reoffered the same piece of land by an offer letter dated 10th November... More
On 30 November 2005 the first respondent- Bell Inn (Pvt) Limited was granted a spoliation order by GOWORA J in the following terms:
“INTERIM RELIEF GRANTED
Pending determination of this matter, applicant is granted the following relief:
1. That 1st respondent is directed to remove himself and property and all persons holding through him from Arden Estate within 24 hours of the date of service of this order.
2. The Deputy Sheriff is authorised to evict 1st respondent and all persons holding through him from the farm.
3. That 1st respondent is interdicted from interfering with applicant’s farming activities.
4.... More
This is a chamber application for dismissal of an application for stay of execution for want of prosecution in terms of s 236 (3) (b) of the High Court Rules, 1971. More
The plaintiff issued summons claiming:
“(a)Judgment in the sum of $479 215.27(four hundred and seventy nine thousand, two
hundred and fifteen United States dollars and twenty seven cents) as against the 2nd
and 3rd defendants, jointly and severally each paying the other, being amounts paid by
the plaintiff for onward transmission to the 1st defendant which amount, the
defendants unlawfully converted to their own use; More
On 12th June 2012 the Honourable Y Malama made an arbitration award. She ordered Appellant to reinstate Respondent in its employment or pay him damages in lieu of reinstatement. Appellant then appealed to this Court. Respondent opposed the appeal. More
Tavengwa Madangure [“Madangure”] and Emmanuel Enock Masuku [“Musuku”] floated and formed Procadale Investments (Pvt) Ltd [“the company”]. It was incorporated on 7 April, 2004. More
It is within the nature of the contract of purchase and sale for the seller who has received full payment of the purchase price from the purchaser to deliver to the latter the subject-matter of the contract which is commonly referred to as the merx. This is a fortiori the case where the purchaser has, in addition to payment of the purchase price, paid to the seller’s nominated conveyancers the requisite fees for the transfer to him of the immovable property which he purchased. More
