Plaintiff is a minor assisted by his Curator Ad Litem Ms Rose Mhasho. On 8 September 2012 plaintiff in the morning whilst playing with other children suffered a high electric voltage shock as a result of coming in contact with a live high voltage cable. As a consequence of the high voltage shock plaintiff sustained extensive and severe burns and other very serious injuries described as gangrenous left upper limb and numerous deep burns to the scalp, face, right lower limb and the back of the chest. Plaintiff was hospitalised for 2 months at Chitungwiza Central Hospital. While in hospital... More
This is an application for absolution from the instance.
The test is simply whether at the close of the plaintiff’s case, there is evidence upon which a reasonable court might find for the plaintiff.
The test is not whether the evidence led by the plaintiff established what would finally be required to be established, but whether there is evidence upon which a court, applying its mind reasonably to such evidence, could or might (not should or ought to) find for the plaintiff. More
This is an appeal against an arbitral award in terms of which the appellant was ordered to pay a total amount of US$7 158,06 to the respondent, as outstanding salaries and notice pay.
The brief facts of the matter are that the respondent was employed by the appellant as Human Resources Officer. The contract of employment was terminated on what appears on record to be a mutual termination of employment.
The respondent referred the matter to a Labour Officer for conciliation, alleging unfair dismissal. When conciliation failed, the matter was referred to compulsory arbitration, leading to the contested arbitral award. More
Contracts are wealth-creating vehicles for corporations, partnerships and business-minded persons. Where their terms are clear and unambiguous, such must be given effect to. The parties must adhere to the same. That is so as contracts are different from social agreements. They are enforceable at law. More
At the hearing of this appeal we dismissed the appeal. These are the reason for that decision.Appellant was convicted of attempted murder and sentenced to three years imprisonment of which one year imprisonment was suspended for four years on condition of good behaviour.
He now appeals against both conviction and sentence.
The grounds on conviction basically attack the charge preferred as formulated by the State. The defence asserts that a fatally defective charge was preferred against the appellant, which charge was not amended or cured by the evidence.
The grounds of appeal on sentence attack the sentence for being too... More
