The applicants approached this court seeking the rescission of the judgment granted by this court on 30 April 2008 in HC 7208/07 and that the first, second and fourth respondents pay costs of the application. The basis for seeking the order is that the judgment in HC 7208 was obtained through fraud. More
This is an application for bail pending appeal. When the application was argued the court delivered an ex-tempore judgment dismissing third and fourth applicants’ application and directing that first and second applicants consider pursuing their application before another judge appearing either in person or by counsel of each’s own choice. The direction to separate the hearing of first and second applicant’s application was occasioned by the midstream renunciation of agency by Mr Tsarwe who initially appeared representing all the applicants. The renunciation of agency midstream at the hearing was caused by a realization that there was a potential conflict of... More
The plaintiff issued summons against the defendant claiming $100 000 000.00 old currency. $100 000.00 revalued being defamation damages, interest at the prescribed rate from the date of demand being the rate from the date of demand being the 26th November 2004 to the date of payment More
The background to the matter is that applicant who was in the respondent’s employment as an Information Technology Officer was brought before a disciplinary committee to answer allegations of misconduct. At the commencement of the disciplinary proceedings he raised a point in limine that he had been charged using a wrong Code of Conduct. The hearing officer listened to submissions from both parties and ruled that the correct code had been used. Applicant was aggrieved by that and suggested that the hearing officer was biased and stated that she had to recuse herself from the matter. The hearing officer stated... More
This is an appeal against the decision of the Respondent’s Appeals Committee which upheld the determination of the Disciplinary Committee which found the Appellant guilty of misconduct culminating in his dismissal from employment.
The brief facts are that Appellant was employed by the Respondent as head responsible for Human Capital Administration. He was charged with misconduct in terms of Respondent’s Code of Conduct. He was brought before the Disciplinary Committee which found him guilty and recommended his dismissal. Appellant was dissatisfied and approached the Appeals Committee for relief. The Appeals Committee upheld two of the charges and found Appellant not... More
The applicant is a former employee of the 1st respondent. He was charged with various acts of misconduct leading to his dismissal on one of them after some of the charges were overturned in the internal appeal. 2nd to 4th respondents appear in their official capacities as office holders of the first respondent who played roles in the disciplinary process. The applicant was aggrieved by the process leading to his dismissal hence the present application. More
The petitioner contested for and lost the Mhondoro- Mubaira constituency. He represented the Movement for Democratic Change (Tsvangirai faction), in the 29 March 2008 harmonised elections. He contested against the respondent who represented Zanu (PF). The respondent won the election. The petitioner filed a petition challenging the respondent’s election. He presented it on 14 April 2008, but served it at the respondent’s party headquarters on 9 May 2008. More
This is an appeal against the dismissal of the appellant from the employ of the respondent. Before the appeal could be heard, a preliminary issue was raised on behalf of the respondent. The preliminary issue was to the effect that the employer of the appellant was not cited. Mr Chitekuteku who appeared on behalf of the respondent submitted that the appellant ought to have cited the Minister of Primary and Secondary Education (the Minister) together with the Public Service Commission (PSC). The PSC, the submission continued, is the employer and not the Minister . Mr Chitekuteku argued that without the... More
The applicant seeks the grant of a provisional order in the following terms;
“TERMS OF THE INTERIM ORDER GRANTED
1. The order in case number HC 9919/13 be and is hereby stayed pending the hearing of the application for rescission of judgement under case number HC 10247/13. More
: This is a claim by the plaintiff for damages in the sum of USD1 300 000.00, interest thereon at the rate of five percent per annum from 18 January 2012 to the date of final payment, and costs of suit. The damages claim arises from the removal of the plaintiff’s bakery and other equipment from premises at 65 Mutare Road, Msasa, Harare where the plaintiff had previously operated a bakery business under the name Q-Tees Bakery. The said premises belong to a company known as Crestlane Investments (Private) Limited. More
On 29 December 2009 the plaintiff herein issued summons against the two defendants wherein it sought payment against them, jointly and severally, for the following:
a) US $247 143.21,
b) US$33 088.88 being accrued interest on the said sum of US$ up to 30th November 2009
and
c) further interest on the said capital sum of US$247 143.21 at 5% per annum with effect
from 1 December 2009 until date of payment. More
At the onset of oral argument in this Court respondents raised a point in limine which applicant opposed. The point is summarised in respondents opposing affidavit as follows
“2. In limine
The Applicant is approaching this Court without exhausting the Appeals process in that he applied for review of this to this Court without exhausting the remedies provided for in section 10 of the Welfare and Educational Institutions Employers Association Code of conduct which the authority which was used to charge the Applicant.” More
The applicant, who is a labour officer duly appointed under the provisions of Section121 of the Labour Act [Chapter 28:01] is seeking in this application, confirmation of his ruling made in terms of Section 93 (5) (c) of the Labour Act [Chapter28:01]. The ruling which was made in a matter pitting Lloyd Kanera and 6 Others v Haumin Investments (Pvt) Ltd was handed down on 16 May 2016. The application is opposed. More
On 17 October 2018 the appellant was arraigned before the Provincial Magistrate sitting at Rusape facing stock theft as defined in s 14 (2) (a) (i) and (ii) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It was alleged that on a date unknown to the prosecutor but between 2017 and September 2018 and at Marowa Village Chief Makoni Rusape, Takudzwa Mufandaedza and the appellant one or both of them unlawfully and knowing that Innocent Mufandaedza is entitiled to own, possess or control 31 cattle or their produce or realising that there was a real risk or possibility... More
