The facts of the case are as follows:
The appellant is in the business of providing security (guards). On or about the 22nd of May 2012 one of the appellant’s clients raised an alarm. This meant that something was wrong. The respondent was on duty. He was party to a team that went tocheck the premises in question. Two other people who included a driver were the other members of that team. Upon arrival at the scene it was observed that the main gate or entrance to the premises was locked. However, the screen door to the building-which door is... More
This is an appeal in which the respondent has raised a point in limine. In submissions on behalf of the respondent the point was raised that the appeal is not properly before this Court. This was submitted in view of the initial citation of one of the parties. The respondent submitted that the “Ministry of Home Affairs” is not a competent party because it is not a legal persona. (See Gariya Safaris (Pvt) Ltd v Van Wyke 1996(2) ZLR 246(H).I agree with that submission and the authorities cited. More
This is an application for the registration of an arbitral award. It is opposed. The facts are fairly common cause. The applicant was a former employee of the respondent. The respondent had terminated her contract of employment. She had considered the termination unlawful and had referred her case to a labour officer for conciliation in terms of s 93 of the Labour Act, [Cap 28: 02] [the Labour Actor the Act]. More
This is an application for condonation for late noting of appeal. The Applicant was found guilty in terms of section 46 (1) (b) of the Public Service Regulations SI 1of 2000 and dismissed from employment with effect 23 October 2011. He received the determination around 20 October 2011. Applicant was enjoined to note his appeal within 21days of receipt of the determination. He only filed this application on 1 June 2012 almost 8months after having knowledge of the determination. More
The plaintiff and defendant started living together as husband and wife in terms of customary law in 1988. On 4 June 1993 their union was solemnised in terms of the Marriages Act [Cap 5:11]. The marriage still subsists. More
The plaintiff instituted proceedings against the defendant, a minibus driver who has since died, and the second defendant, the owner of a minibus registration number WPPG 938GP registered in South Africa, for damages in the sums of US$7 865-89 special damages, US$30 000-00 for pain and suffering, permanent disability and loss of amenities of life, US$10 000-00 for future medical expenses and US$20 000-00 for loss of earning capacity. More
The applicant has approached this court on an urgent basis seeking interim relief interdicting the respondents from disposing of, transferring or selling house number 67 – 12th Crescent, Warren Park 1, Harare, a property which she occupies. She would also want the respondents to be interdicted from evicting her from the said property until such time that her appeal (CIV A217/08) against a decision of the magistrate court dividing that property between herself and her former customary husband, the second respondent, has been determined and her suits in HC 10803/12 and HC 10043/13 have been determined. More
