Of course the first and third respondents took a point in limine challenging the jurisdiction of this court to determine this matter on the ground that it is purely a labour dispute to which the Labour Court enjoys exclusive jurisdiction by virtue of the ouster provision contained in s 89 (6) of the Labour Act[Chapter 28:01], but this application centres around the validity of the suspension of the 2 applicants, who are senior officials of the first respondent having been employed as Human Capital Director and Finance Director respectively. It evolves around the determination of which employment law is applicable... More
The appellant pleaded guilty to a charge of culpable homicide as defined in s 49 (1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was after conviction, sentenced to 24 months imprisonment of which 9 months was suspended on condition of future good behaviour. In addition he was prohibited from driving for two years. More
The plaintiffs sued the defendant for payment of $54 000 plus interest plus costs of suit. The claim is based on unjust enrichment. The plaintiffs alleged that sometime in 2008 they entered into a verbal contract with the defendant for the supply of shared phone sim cards. The parties also had a separate written agreement separate from the verbal one above. More
This matter was argued for the purpose of determination of the costs to be paid to the respondents consequent upon withdrawal of the application. The notice of withdrawal of the application which was filed on behalf of the applicant on 16 February 2018 tendered costs on the ordinary scale. The respondents rejected the tender of costs on the ordinary scale. They reacted to the notice of withdrawal by filing supplementary heads of argument. The respondents sought costs on the attorney-client scale against the National Social Security Authority which they argued is the “effective litigant” in the application. Alternatively, costs were... More
The plaintiff issued summons against the defendants claiming payment of US$13 868.90 for car rental charges due to the plaintiff and interest thereon at the rate of 3.5% from 1 April 2016 to date of full payment.
The undisputed facts are that the first defendant entered into a car hire agreement with the plaintiff in October 2015. In terms of the agreement he was issued with a motor vehicle a Ford Everest that he used and was expected to make payments. He failed to do so until the motor vehicle was withdrawn from him. The plaintiff had to seek the... More
The first applicant, through its trustees, purchased property being No. 13 Coventry Road, Greystone Park, Borrowdale Harare, from a sheriff’s sale. Prior to the sale, the first respondent was its previous owner. Having bought the property and registered the property in the name of first applicant, the second applicant Elizabeth Tete, a Trustee, seeks to evict Lawrence Muteswa, the first respondent, on the basis of lawful title to the property. In his notice of opposition, the first respondent resists eviction primarily on the grounds that he has a pending matter in the High Court challenging the sale and that until... More
