In a judgment No LC/H/255/19 delivered on the 9th August, 2019, I upheld respondent’s point in limine, to the effect that applicant’s appeal was improperly before the Court as applicant had not exhausted the internal remedies provided in terms of section 8(b) of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15 of 2006 (THE NATIONAL CODE). Consequently I struck off the appeal for having been prematurely brought before the Court. More
In this matter the appellant lodged an appeal against the decision of the court a quo wherein the court dismissed the plaintiff’s claim and ruled in favour of the defendant. The matter was centred on whether or not there was breach of contract warranting cancellation of the agreement between the parties and thus effectively barring the plaintiff from claiming specific performance to enforce the agreement. The appellant raised the following grounds of appeal: More
This is an application for review of the disciplinary proceedings undertaken by the Respondent at three levels of Respondent Disciplinary Structure as provided in the relevant Code of Conduct, being Delta Beverages Employment Code of Conduct (2003). The Applicant in his prayer seeks for an order to be granted in the following terms;
“1. Applicant’s application for review is granted
2. The Applicant is reinstated (without loss of wages and benefits)
3. The misconduct proceedings instituted in the 1st, 2nd and 3rd Hearing against the Applicant together with preference of charges, determination and penalty be and is hereby set aside... More
In this matter the appellant approached this court dissatisfied with the conviction and sentence imposed by the court a quo. The appellant was charged with the offence of theft of a motor vehicle as defined in s 113 (1) of the Criminal law (Codification and Reform) Act, [Chapter 9:23]. The appellant was convicted on his own plea of guilty following which he was sentenced to 10 years imprisonment of which 4 years imprisonment was suspended on usual conditions of good behaviour More
This is an opposed chamber application for condonation of late noting of an appeal and extension of time within which to appeal in terms of r 43 of the Supreme Court Rues, 2018. More
This is an appeal against the whole judgment of the High Court dated 18 January, 2018 which dismissed the appellant’s application for a declaratory order. The appellant had sought an order in the court a quo in the following terms:
“1. The property known as No 36 Marlborough Drive, was the matrimonial home between applicant and her deceased husband Samuel Zachary Dick Munangatire.
2. The property devolves (sic) onto the applicant as surviving spouse in terms of ss 3 and 3A of the Deceased Estates Succession Act, [Chapter 6:02].
a. ALTERNATIVELY to 1 and 2 above;
3. That the first... More
