This is an application for a mandament van spolie, alternatively, for an order of contempt of court. The first and third respondents filed a counter-application in addition to their opposing papers. The matter was instituted as an urgent chamber application in July 2022. At the hearing of the urgent chamber application on 19 July 2022, an order by consent was granted in terms of which this application was ordered to be consolidated and set down for argument together with Case No. HC 3750/20 which is an application for review in terms of which the applicants herein were seeking the setting... More
This matter came as a court application for an interdict and declaratory order. The initial court found that there was a material dispute of facts and the matter was referred to trial so that viva voce evidence can be led. More
The respondent was employed by the appellant. He referred a complaint of underpayment of wages to the labour officer. The labour officer having failed to conciliate the matter referred it in terms of section 93(5) of the Labour Act [Chapter 28:01] for compulsory arbitration. The terms of reference were for the arbitrator to determine firstly, whether the respondent was being underpaid, secondly, whether, EMhere a consultant had locus standi to represent the respondent in proceedings before the arbitrator and thirdly, to establish appropriate remedy. More
1. This is an application for leave to appeal to the Supreme Court.
2. The applicant was convicted of attempted murder as defined in s 47 as read with s 189(b) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
3. The magistrates court sitting at Karoi sentenced the applicant to 4 years imprisonment of which 2 years imprisonment was suspended for 5 years on the usual conditions of good behaviour.
4. He appealed against both conviction and sentence.
5. We heard the appeal on 5 September 2022 whereupon, at the conclusion of argument, we delivered an ex tempore... More
This is an appeal against the whole judgment of the Labour Court, which upheld the decision of the appeals board of the National Employment Council Banking (“NEC”) to the effect that the charge preferred against the respondent was inappropriate and that he had been unfairly dismissed. More
On 18th February 2011 the NEC Banking made a determination. In terms thereof Appellant was ordered to reinstate Respondent’s employment without loss of salary and benefits. Appellant then appealed to this Court against the determination. More
This is an application for default judgment.
The application is being made at the Pre-Trial Conference stage. The background to the application is as follows:-
On 13 December 2011 the plaintiff issued summons against the defendants claiming payment of:-
“a) US$1 024 015,97
b) US$408 057,67 being interest
c) US$164,00 being bank charges
d) Interest on the sum of US$1 024 015,97 at the rate of 45% per annum subject
to variation from time to time with effect from the 1st of December 2011 to
date of payment.
e) Costs of suit on a legal practitioner and client scale and... More
The applicant issued summons claiming against the defendant the sum of $12 087-49 being money owed arising from a loan advanced to the first defendant which the first defendant has failed to pay despite demand. The applicant also claims interest at the rate of 45% and costs of suit on the legal practitioner and client scale. The second defendant agreed to be bound as surety and co-principal debtor in respect of the first defendant’s indebtedness. More
On 30th March 2010 the NEC Banking made a determination. It ordered Appellant to reinstate Respondent’s employment without loss of salary and benefits from the date of her dismissal. Appellant then appealed to this Court against the determination. Respondent opposed the appeal.
Appellant’s case was as follows:
1. Respondent worked for Appellant as an Acting Transaction Controller.
2. On 4th January 2006 she raised a payment voucher for
ZWD$2 650.000.
3. She encashed the voucher and paid one Chareka for services rendered to Appellant.
4. On or about the same date it was found that the payment voucher was not... More
This is an application for leave to appeal to the Supreme Court. Such an application is governed by section 92 F of the Labour Act [Chapter 28:01] as well as Rule 36 of this Court’s rules, S.I. 59/2006. More
On the 26th March 2024 the Supreme Court issued an order referenced SC 68/24 wherein it inter alia directed this Court to
“… to give its determination on the second preliminary point raised before it.”
On the 16th August 2024 this Court directed 2nd Respondent to file/uphold documents in terms of which IG, Dumba was appointed as its Acting Managing Director. The documents have not been filed to date. The aforesaid second preliminary point was to the effect that Dumba was appointed as Acting Managing Director of 2nd Respondent in violation of the Public Entities Corporate Governance Act Chapter 10:31... More
This is an opposed chamber application for the registration of a deed of settlement. For purposes of this judgement, and in order to avoid confusion, I will refer to the parties, were the context permits by their names i.e. the applicant as “Nyabadza” and the respondent as “the company.” More
