The matter came before me as a matter for a review of the decision for a review of the decision by the N.E.C’s decision by the Local Joint Committee in a case which involved the now Applicant(the employer) and the Respondent(the employee). On the date of hearing the Respondent raise points in limine which are the subject of this ruling. More
Eduardo Couture, made the following seminal remarks in an article published in (1950) 25 Tulane Law Review at 7 which the full bench of the Supreme Court in MDC&AnorvChinamasa&Anor NNO 2001(1) ZLR 69(S) 79A-C cited with approval: More
Respondent has raised a point in limine to the effect that Appellant has approached this Court with dirty hands it having not complied with the award nor made an application in terms of Section 92E (3) of the Labour Act. More
There are 2 applications before me, namely an application for condonation of the late filing of an application for rescission of judgment and the application for rescission of judgment. The parties agreed that both matters be heard at the same time.
Ideally the application for rescission of judgment should not have been filed without condonation of its late filing. Filing it at the same time as the application for condonation does not cure the defect. Now that it has been filed it still cannot be considered without its late filing being condoned. Therefore a dismissal of the application for condonation... More
The applicant seeks the following contested order:
1. That the Note of Hand registered by the respondent on stand 237 Redcliff Township of Redcliff Estate, measuring 3 185 square meters and held under Deed of Transfer number 2190/2000 is hereby declared null and void and of no force or effect. More
This is an application for a declarator to the effect that the applicant and her employees, agents and invitees are entitled to remain in quiet, peaceful and undisturbed occupation and use of a certain piece of land known as Lot 5 of Lot 1 of Mazone in the Mutare District of Manicaland Province measuring 494 hectares in extent and the eviction of the first respondent and all those claiming occupation through him from the said property
The applicant claims that she has personal right and interest to occupy and use the disputed land. She claims occupation and use of the... More
The Appellant was a school teacher at Domboremavhu Secondary School in 1997 and during that period, he was charged for having an improper association with a school pupil, convicted and discharged from the teaching service on 22 May, 1998. He appealed to the Labour Court but before the appeal was heard, the Commission referred the case for a magisterial inquiry which was conducted from 7 June, 2009 to 9 June, 2009. During the inquiry, the Appellant and the pupil both denied that they had an improper association. The Appellant’s evidence during the inquiry was that he was being framed. At... More
