This is an appeal against the decision of a Disciplinary Authority set up by the appellant.
The respondent was employed by the appellant in a senior position of Mine Manager. Allegations of misconduct were levelled against him. Disciplinary proceedings in terms of the Labour (National Employment Code of Conduct) Regulations, 2006 Statutory Instrument 15 of 2006 (National Employment Code of Conduct/Model Code) (S.I. 15/06) were conducted against the respondent. At the conclusion of the hearing the Disciplinary Authority exonerated the respondent from any wrong doing. That decision aggrieved the appellant, hence this appeal. More
The dispute between the parties is a simple debt for the payment of money, but is complicated by the involvement of diamonds to part settle the amount due. Before delving into the factual matrix of the case, I wish to start by housekeeping issues. On 17 January 2020, the applicant herein filed a court application under HC 403/20 seeking a declaratory relief that applicant fully paid, extinguished, amortized and discharged the first respondent’s judgment debt, execution costs and legal costs secured under a writ of execution dated 4 October 2017. More
This is an application for leave to appeal a judgment of this court to the Supreme Court. After assessing addresses from both parties, the applicant has raised an arguable issue. Further the question of sufficiencyof evidence especially in a situation like the present one would, in my view require that the Supreme Court considers the appeal. More
This is an application for an order for direct access to the Constitutional Court in terms of s 167 (5) (a) of the Constitution of Zimbabwe as read with r 21(2) of the Constitutional Court Rules, 2016. In the event that direct access is granted, the applicant intends to file a substantive court application under s 85 (1)(a) of the Constitution to set aside the judgment of the Supreme Court in Case No. SC 201/23, on the basis that the court, in dealing with a non-constitutional matter, violated the right of the applicant to equal protection and benefit of the... More
The applicant in three separate applications petitioned this court for an order against the respondents in the following terms.
WHEREUPON, after reading the documents filed of record More
This matter was set down as an application for leave to appeal. Before the merits of the application could be entertained two points in limine were raised by the respondent. It is only these two points which are the subject of this judgement. More
On the 21st of September 2022, I granted an extempore judgment dismissing applicant’s claim on the basis of one of the points limine that had been raised. On the 14th of December ,2022 whilst on official vacation, the applicant’s legal practitioner wrote to the Registrar of this court requesting for the written judgment. This is the judgment.
The common cause facts are that, Applicant is a registered Residence Association that represents owners of a block of flats called Zimbabwe Court, situate at stand 408 Avondale West of subdivision A of lot 22 of Block d of Avondale, Salisbury also known... More
Zimbabwe Cover Legal Aid Trust, a body corporate duly registered as such in terms of the laws of Zimbabwe issued summons against the defendant (excipient) one Claudious Taunzwasure Chirochangu claiming a payment of the sum of US$ 41 580.00, payment of interest on the capital sum at the rate of 20% per month calculated from the 24th November 2014 to date of full payment. In the alternative, and in the event of the defendant failing to pay the capital sum and interest within time to be fixed by this Honourable Court, an order declaring the sale of the property being... More
This is an application for the urgent stay of arbitral award which was issued in favor of the 1st Respondent and registered with the High Court followed by attempted execution by the 2nd Respondent.
Facts of the case are that the 1st Respondent hereinafter referred to as the employee found himself before arbitration on a claim which he had against the Applicant hereinafter referred to as the employer. The Arbitrator made an order in favour of the employee. Armed with that order, the employee registered the same with the High Court. After the registration of the award, execution of the... More
At the conclusion of the hearing, the Court dismissed the application stating that reasons would follow. These are they:-
This matter has endured so many quick and false starts in its litigation career. Applicant and Respondent found themselves before an Arbitrator after the conciliation process failed. The Arbitrator found in favour of Respondent and awarded him USD 103 203.38 and ZWD 15 818 201 352.75 as arrear commission. Respondent thereafter lodged an application with the High Court for registration of the award. This was granted. Apparently Applicant did not attend those proceedings despite proper service. Applicant thereafter approached this Court... More
On 11 October 2012 the first respondent obtained a court order in HC 5475/09 against the applicant to the following effect.
“It is ordered that:
1. The award in the arbitration matter of Mr. Muzamhindo and Zimbabwe Cricket Union held before the Honourable J.T. Mawire dated 17 July 2009 be and is hereby registered as an order of the High Court of Zimbabwe in the following terms:-
1.1 Respondent shall pay to the applicant the sum of US$103 208.38 as arrear commission.
1.2 Respondent shall bear costs of this application.” More
The applicants have jointly approached this court for an order in the following terms:
1. That the confirmation of the liquidation and distribution account by the third respondent in respect of Shagelok Chemicals (Private) Limited (in liquidation) be and is hereby set aside.
2. That the third respondent be and is hereby directed to re-open the account referred to above for inspection for a period of 14 days with effect from the date of judgment in this matter. More
At the hearing of this matter the plaintiff bank was in default. Mr Biti, for the defendant, sought and was granted leave to argue the matter on the merits. Judgment on the merits of the case was granted in favour of the defendant with costs. I indicated that my reasons for judgment would follow. More
The plaintiff, the Zimbabwe Development Bank, hereinafter referred to as the bank, issued summons out of this court on 17 December 2004 seeking, against the three defendants jointly and severally, the one paying the others to be absolved, payment of $587 612 879.86 and interest thereon capitalized monthly at 1% per day calculated from the date of issue of summons to the date of full payment and costs of suit on a legal practitioner scale and collection commission as provided for under the Law Society of Zimbabwe By-laws 1982. On 6 January 2005, the defendants entered appearance in which they... More
