This is an appeal against a judgment of the High Court sitting at Harare handed down on 8 August 2018 dismissing an application for joinder of the eighth respondent in a pending matter instituted by the appellant in the High Court. More
: The appellant was arraigned before the Regional Magistrate, Mutare, facing allegations of attempted rape as defined in s 189 as read with s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] after a protracted trial the accused was convicted of attempted rape and sentenced to 10 years imprisonment of which 3 years imprisonment was suspended on conditions of good behaviour. The appellant was dissatisfied with the conviction and hence he lodged the present appeal. More
After hearing the application for confirmation that had been placed before me in terms of Section 93 of the Labour Act [Cap 28:01]the court issued an order on 1st of November, 2017 in the following terms;
“IT IS ORDERED THAT:
1. The 1st preliminary point is dismissed.
2. The 2nd preliminary point is dismissed.
3. The application for confirmation of draft ruling be and is hereby dismissed.
4. The draft ruling per Sabilika N.O. dated 22nd September, 2016 be and is hereby set aside.
5. There is no order as to costs.”
The 2nd Respondent having written to the Registrar... More
The respondent was formerly employed by the appellant in the retail department at its Southerton Branch. In March 2015 he was charged with committing an act, or omission inconsistent with the fulfilment of the express or implied conditions of his contract of employment in terms of category D of the Collective Bargaining Agreement S.I. 273/2000, (the “CBA”). More
This is an application for condonation of the late filing of an application for rescission of a default judgement handed down under Case NumberLC/H/LRA/700/18. The application is opposed by 2nd and 3rdRespondents.
By way of background the 1st and 2nd Respondent were employed by the Applicant. The Applicant concedes this position in respect of 1stRespondent but however contests this position in respect of 2nd Respondent. The two Respondents referred a claim of unlawful retrenchmentto the Designated Agent, Tichafara R. Viriri; they were thus claiming for cash in lieu of leave days, underpayments and compensation for loss of employment. More
Where a party institutes legal action for delictual damages arising out of a road traffic accident the pleadings must set out the particulars of negligence. It is imperative for the plaintiff to allege wrongfulness and unlawfulness of the defendant’s conduct in the pleadings. In this matter, the court has had to extract these particulars from the plaintiff, a scenario which should never occur. All the material aspects of the alleged negligence must be specifically pleaded and must appear ex facie, the declaration. More
This is an appeal against the whole judgment of the High Court handed down on 18 February 2015 in which it dismissed with costs the appellants’ claim for payment for architectural services allegedly rendered to the respondent at its special instance and request. More
