On the 14th August 2019 at Harare, Arbitrator T.C, Sengwe issued an award. He ordered Respondent to pay Appellant an amount of ZWL $62,700-00 in respect of backpay and damages for loss of employment. Appellant then appealed to this Court against the award. Respondent opposed the appeal. The grounds of appeal were two-fold. I shall deal with the grounds ad seriatim. More
This is an application for rescission of an order. It is in terms of section 92C (1) (b) of the Labour Act [Chapter 28:01] (the Act). The reason for the application is that the order was void. More
On 12 July 2019 this court partially upheld an appeal by the applicant against the Respondent.
On 29 July 2019 the applicant filed an application for leave to appeal.
His draft notice of appeal to the Supreme Court raises four grounds of appeal and in brief these are that;
1. The court erred in law in upholding the verdict of the disciplinary committee when it had made a finding that the applicant was a non-managerial employee.
2. The disciplinary proceedings had been vitiated by the charging of the applicant as a managerial employee.
3. The court erred in making a... More
This is an application for summary judgment brought in terms of Order 10 rule 64 of the High Court rules, 1971 (the rules). It stems from a long running dispute over the continued occupation of a farm which has since been acquired by the state by its previous owner (or more accurately by those that claim through him). The applicant avers that the respondents have no bona fide defence to his claim for eviction in case number HC 379/2019 and that appearance to defend was entered only for purposes of delay. More
This is an urgent chamber application for a stay of execution of the order of this court in HC 2773/18 pending the determination of an application to the Supreme Court for condonation and extension of time within which to note an appeal. Such application is filed under SCB 107/20.
The facts leading to this application are that following a divorce order applicant and her husband had their matrimonial home sold so that they could share the net proceeds therefrom. The property was bought by 1st respondent who has since obtained transfer of same. Following disputes relating to the sale in... More
On 15 August 2005 the respondent entered into a written agreement of sale with one Tendai Mutasa for the sale of property namely a rural homestead situated in Mwoyoweshumba Village in Watsomba constituted of a five roomed house, 2 thatched kitchen huts, a large field measuring 3 hectares and a utility blair ablution. After the respondent paid Tendai Mutasa, Tendai Mutasa introduced respondent to the village head who in turn endorsed and approved the sale of the improvements and entered respondent’s name into the village head’s register. The respondent clearly stated that he bought the structures/improvement at the homestead and... More
