This is a chamber application for leave to appeal to the Constitutional Court (“the Court”) from a decision of the Supreme Court in terms of r 32(2) of the Constitutional Court Rules SI 61/2016 (“the Rules”). The rule provides that “a litigant who is aggrieved by the decision of a subordinate court on a constitutional matter can apply to the Constitutional Court for leave to appeal against such decision”. More
MAKARAU JA:- This is a chamber application for condonation for the late filing of an appeal and extension of time within which to note an appeal in terms of r 31(3) of the Supreme Court Rules, 1964. More
This a court application in which the relief sought is the following
declaratory order;-
1. Applicant is entitled to all benefits deriving from the occupation by the respondent of
that section of Bulfield Farm which is the subject of Notarial Deed of Servitude
11-7-95.
2. Respondent shall pay applicant’s costs. More
The matter was placed before me as an appeal against a determination handed down by the National Employers Council for the Tobacco Industry – Grievance and Disciplinary Committee on the 24 April 2014 which determination set aside the penalty of dismissal and substituted that with a final written warning. The Appellant was further directed to reinstate the Respondent without loss of salary and benefits or in the alternative pay damages in lieu of reinstatement. The parties were directed to, in the event of the latter option, agree on the damages payable failing which they were to refer their matter back... More
The background to the claim is that on 1 April 2004 the plaintiff leased its premises, namely 55 Coventry Road, Harare, to the defendant for the purposes of Light Manufacturing and Allied Trade. The lease agreement was extended on a number of times and the last … extension was to the end of 30 September 2009. More
This is an appeal against the determination of the Provincial Mining Director Manicaland, sitting at Mutare on 10 March 2020 where he ordered co-existence between the now appellant and firs respondent, allowing the first respondent to carry out sustainable mining operations in the plantation of the appellant. More
This is an application for condonation of the late filing of an application for review. Applicant employed the respondents and terminated their contracts in terms of section 12 (4) of the Labour Act, (Chapter 28:01). Applicant subsequently applied to the NEC for exemption in terms of the Labour (Amendment) Act, No. 5 of 2015. It is alleged that the NEC was required to determine the application within 14 days. The NEC thereafter deliberated on the application after the requisite period of time. The NEC made the decision that the applicant was supposed to consult the respondents before applying for exemption.... More
Applicant, as its name suggests is a manufacture of wood products. The door manufacturing process called veneering consumes large quantities of glue. This glue is made from urea resin, water and a hardener. At importation the urea resin is in powder form. Applicant imports the urea resin from Dynea Wood and Speciality Adhesives of Norway and Saudi Arabia. The trade name for urea resin is Aerolite FFD when manufactured in Norway and Dynorit L-530 when manufactured in Saudi Arabia. Its chemical name is urea formaldehyde polymer. The chemical formula is expressed as C-H4-N2-O.C-H2O. In simple language it is a polymer... More
Applicants applied to this Court for the review of their retrenchment from employment by respondents. The application was made in terms of Section 89(1) (d1) of the Labour Act Chapter 28:01 hereafter called the Act. Respondents opposed the application. More
The contest for the seat of member of parliament for the Bikita East Constituency in the August 2023 harmonized elections was a two-horse pitting the petitioner and the respondent. They did so on the tickets of the Zimbabwe African National Union (Patriotic Front) (ZANU PF) and the Citizens Coalition for change (CCC) parties respectively. At the conclusion of that election the respondent was declared duly elected having garnered 9880 votes against the petitioner’s 7544 votes. The petitioner seeks a nullification of the result of that election. He claims that these results are not a true reflection of the will of... More
On the 7th May 2024 at Harare Arbitrator FV Marovanyika issued an award. She upheld 1st respondent’s (employee) claim of constructive dismissal from employment by appellant (employer). The employer then appealed to this Court in terms; of Section 98 (10) of the Labour Act Chapter 28:01 hereafter called the Act. More
This is an application for review in terms of which the applicants seek the setting aside of the decision of the fourth respondent rendered on 13 May 2022 under ACC 26/21 and judgment number AC 7/22. Additionally, the applicants also seek costs of suit against the first, second and third respondents jointly and severally, the one paying the others to be absolved. More
This is an application for condonation of late filing of heads of argument and upliftment of automatic bar operating against the applicants. The applicants aver that heads of argument were filed out of time in disregard of the rules because of an error on the part of their erstwhile legal practitioner. In the result they ask the court to condone their legal practitioner’s non-compliance and have the automatic bar uplifted and have the Heads of Argument considered as having been properly filed. There is no affidavit by the erstwhile legal practitioner explaining the non-compliance. More
The plaintiff filed summons with this court on 4 October 2006 against the defendant claiming the following relief:
a) $15 000 000 being damages for the failure to execute its mandate resulting in the loss of Stand No 5609 New St Mary’s Township Chitungwiza.
b) interest on $15 000 000 from the date of judgment to the date of full payment.
c) costs of suit. More
