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From a distance this is a simple application for rescission of judgment in order to pave way for the reinstatement of the defendant’s plea which was struck out by this court on 21 October 2010. A closer look at the application and the responses thereto make interesting, edifying and of course quite revealing aspects of the law as canvassed by the parties. I propose to start by providing a detailed background of this case. More

On 18 December 2009 the applicant herein issued a purchase order in favour of the respondent for the supply by the latter of 2500 diaries at the total price of US$25 242-50. The diaries were for the year 2010 and it is common cause that the respondent has delivered to the applicant a total of 566 diaries valued at US$4 213-83. The respondent has not delivered the balance and the applicant has cancelled the contract and has now approached this court for an order for restitution of the balance of the purchase price paid to the respondent for the outstanding... More

Respondents obtained an arbitral award in their favour which award was appealed against on 6 December 2013. Appellant’s heads of argument were due within fourteen (14) days of receipt of the notice of response but were not filed. Respondents applied for the dismissal of the appeal in terms of Rule 19 (3) (a) of the Labour Court Rules SI 59/2006. The application was granted and the appeal was dismissed on 14 July 2013. More

Respondent is the Legal Advisor in the Ministry of Energy and Power Development (the Ministry). Between 20 October 2009 and the end of February 2012 he was seconded to the Zimbabwe Electricity Regulatory Commission (ZERC). During the period of Secondment he was remunerated by the then Public Service Commission. Respondent also received an allowance of $500 for his work at ZERC. After the amendment of the Energy Act [Chapter 13:19] by the Parliament of Zimbabwe, ZERC was dissolved to pave way for the establishment of an all encompassing energy regulatory Commission. Respondent was seconded to administer ZERA’s affairs in the... More

This is an appeal against the decision of Honourable Arbitrator P Bvumbe which was issued on 13 January 2014. More

The respondent was engaged by the appellant. The nature of the engagement is in dispute. The appellant alleged that the respondent was engaged as a legal consultant. The respondent alleged he was engaged as an employee. The facts leading to the termination of the engagement are not in dispute. The appellant as an employer and exercising its rights convened a disciplinary hearing against one of its employees. The respondent represented the employee in the proceedings that the respondent had instituted against the said employee. More

This is an application for the recovery of a motor vehicle, a Toyota Fortuner Reg. No. AEC 8695, from the respondent. The respondent is the President of the applicant albeit that Presidency is being challenged by some in the leadership of the applicant who moved a vote of no confidence against her. It is common cause that on 23 February 2018 a Provisional Order was granted in HC 1147/18 the effect of which, inter alia, was to suspend the effect of the vote of no confidence passed against the respondent. That order is extant notwithstanding the noting of an appeal... More

The plaintiff issued summons against the defendant claiming payment of the sum of $395 415.15 in respect of farming equipment sold at Harare on 10 September 2009 and delivered to the defendant at his specific instance and request. More

This matter was set down in terms of section19 (3)(a) of the Labour Court Rules. Appellant was served with the notice of response on 20 March 2010. Appellant filed its heads of argument on 20 February 2013 when it was already barred. No upliftment of bar had been granted before filing of such heads. More

The appeal is against an arbitral award handed down on 9 July 2008 wherein the Appellant was directed to reinstate Respondent without any loss of pay and benefits with effect from the date of suspension or be paid damages in lieu of reinstatement. More

This is an application for leave to appeal against the decision of this court to dismiss the applicant’s appeal against the decision of Honourable Arbitrator Professor Madhuku’s award that was handed down on 14 August 2014. The applicant has submitted to this court that it has prospects of success on appeal in that: (i) This court erred at law when it made the finding that the appellant’s Disciplinary Authority was not properly constituted. (ii) The court erred at law when it failed to distinguish a “disciplinary authority” from a disciplinary committee thereby wrongly ruling that the appellant’s Disciplinary Authority was... More

The Applicant, the Zimbabwe Football Association, is suing out for an order cancelling the attachment of the applicant’s Nostro Account at Ecobank; which attachment was caused by the first to sixteenth respondents, who believe that the applicant is lawfully required to pay their judgment debt in United States dollars. The applicant believes that the respondents are overreaching, in that they are expecting their award monies in amount larger than that which the applicant believes to be due to them. The applicant insists that according to the law, it is indebted to the respondents in local currency in full and final... More

This is a court application for a declaratory order in terms of s 14 of the High Court Act, [Chapter 7:06]. The applicant seeks an order couched in the following terms: 1. The tender of payment of the sum of $108 520.00 by Applicant to the Respondent constitute satisfaction of the judgment debt in case number HC 5721/09 2. Respondent shall pay costs of suit More

The appeal was noted against the Arbitral Award by the Honourable Matanhire F. handed down on the 16th of March 2015. The respondent was employed by the appellant as a Laboratory Technician. He appeared before a disciplinary authority on the 21st of December 2013 to face a charge of FRAUD the allegations being that the respondent did not log in his time of arrival a process which was normally undertaken at the appellant’s main gate. The respondent was alleged to have temporarily left his work station and deliberately avoided using the main gate so that his absence would go unnoticed.... More

This matter involves 2 appeals which were consolidated for ease of reference during their argument. These pertain to an appeal against an arbitral award and an appeal against a quantification of that arbitral award. The parties are the same and the labour dispute is the same which gave rise to the decisions now under appeal. More