2. The first to third respondents were employed by the appellant as Managing Director CFI Holdings Retail, Managing Director Victoria Foods and Chief Operating Officer CFI Holdings Limited respectively. Their contracts of employment were terminated on notice by identical letters dated 26 January 2016. They were each given three months’ written notice. The letters of termination indicated that they were not required to serve the period of notice but that they should immediately leave the premises of the appellant.
3. The respondents were disgruntled by the appellant’s decision to terminate their employment and approached a Labour Officer with claims of... More
This is an appeal against the whole judgment of the High Court (court a quo) in which the court granted an application for the registration of the judgment of the Labour Court amounting to US $177 408.00 in favour of the respondent. More
This was a chamber application for condonation and upliftment of bar. The applicant, CFI Holdings Limited [“CFI Holdings”] is one of five defendants sued by the first respondent, Stalap Investments [Private] Limited [“Stalap Investments”], in the main action under the case reference number HC 1855-20 [“the main action”]. More
This is an application for confirmation of a provisional order that was granted by this court on 16 October 2012. The order was granted by consent, on the following terms: More
A man who, without justification, holds on to another person’s property receives little, if any, sympathy from anyone let alone the court. A fortiori when he, directly or indirectly, pleads a non-existent claim of right to the property. Where such has been demanded by its owner, the possessor must simply hand it over to him without further ado. It is a complete waste of time for the possessor to cling on to what he know does not belong to him under the pretext that he has the right to retain the property. This is all the more so where he... More
This is an appeal against a quantification award granted on 4 December 2014, in terms of which the respondent was awarded an amount of US$39 200,00 as damages in lieu of reinstatement.
The quantification emanates from an earlier award granted on 4 December 2013. The record shows that an appeal against that award was dismissed by this court on 6 June 2014. This paved the way to the quantification proceedings which resulted in the award in contention. More
This is an urgent chamber application for stay of execution pending review. The relevant background to this matter is as follows. On 14 December 2009, the regional court sitting at Harare convicted the Applicant Bank of contravening s 136 of the Criminal Law [Codification and Reform Act] [Cap 9:23] and sentenced applicant to pay a fine of $500.00 and also ordered applicant to compensate first respondent the sum of $250 000.00 .The learned Magistrate suspended the payment of the fine to the next day, 15 December 2009. Immediately after the sentence, applicant noted an appeal against both conviction and sentence.... More
This is an urgent court application in which the applicants seek the following order;
“IT IS ORDERED THAT:
1. The 1st respondent is found to be in contempt of the judgment of the High Court of Zhou J under case number HC 7529/20 and CHITAPI J given under case number HC 27/21 consequently;
a) The 1st respondent is ordered to pay $20 000 000.00
b) The 1st respondent’s directors be committed to Chikurubi Maximum Prison for a period of 8 months of which all of it will be suspended on the grounds that immediately upon service of this order the... More
1. The 1st defendant’s conduct of registering 4th defendant using forged documentation be declared fraudulent and consequently all actions flowing there from be declared a nullity, in particular: -
a) That the registration of Wozheri Stone Crushers (Private) Limited by the 5th respondent on the 29 November 2017 be declared null and void and consequently set aside.
b) The memorandum of agreement entered in between the 1st defendant and the 2nd defendant on 28 November 2017 be declared null and void and of no force.
c) Transfer of the mining claims, Jilikin 25 registration number 12641 BM from the 1st... More
The parties appeared before ZHOU J in case no. HC 7529/21 which was an urgent application brought by the applicants against the same respondents herein and other respondents who are not parties herein. ZHOU J granted a provisional order in favour of the applicants on 28 December, 2020. More
This is an urgent chamber application for leave to execute pending appeal. The judgment which is being sought to be executed upon was granted in Case No. HC 6457/20 on 5 April 2023 following an action instituted by the applicants against the respondents herein. The operative portion of the judgment is as follows:
The first defendant (Eliazel Mushiringi)’s conduct of registering Wozheri Stone Crushers Pvt. Ltd. Using forged documentation be and is hereby declared fraudulent and all actions flowing therefrom are declared a nullity. More
The plaintiff who runs an Architectural Practice sued the defendant, a Church for fees he claimed he earned when he provided architectural services in designing the defendants, church building.
The plaintiff was initially contracted by one Huni a member of the defendant’s church in his personal capacity to design drawings of the defendant’s proposed church building for purposes of persuading the City of Harare to sell a church stand to the defendant. He performed that task to Huni’s expectation, and was paid the agreed fee. The defendant as a result got a church stand from City of Harare. The defendant... More
This is an appeal against bail refusal in a matter wherein the appellant is facing one count each of smuggling as defined in s 182 of the Customs & Excise Act
[Chapter 23:02] and criminal abuse of duty as a public officer as defined in s 174(1)(b) of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. More
The brief background of this matter is that the dispute that was brought before the arbitrator is non-remittance of respondent’s dues by the appellant as required by the Labour Act. The issues that were brought before the Arbitrator are as follows:
(i) Whether or not appellant should be ordered to pay $58 377,32 to respondent being union dues and 15% interest.
(ii) Whether/not appellant should be ordered to pay union dues on or before the 5th day of the ensuing month.
(iii) The Arbitrator to determine the most appropriate remedy. More
This matter involves a long standing dispute over ownership and development of stands situated on a piece of land known as Newark of Hilton of Subdivision A of Waterfalls, Harare measuring 25 0532 hectares. The matter has got a chequered history and numerous court processes have been filed by various parties claiming an interest in the property. Historically, the land in question is registered in the name of one TeclaMvembe who holds title by deed of transfer number 4573/2000 On 6 November 2000, Mvembe penned an agreement of sale with Max Management (Pvt) Ltd in terms of which she sold... More
