The applicant approached this court on an urgent basis seeking a provisional order to interdict the respondent from demolishing and evicting residents at stand number 3973 Budiriro 2 Harare. The facts of the matter are that the applicant which is a cooperative invaded the respondent’s piece of land at number 3979 Budiriro 2 Harare and parceled out residential stands to residents without the respondent’s authority. The respondent issued summons for the eviction against the applicant and those claiming occupation through it on the 18th of December 2018 which summons was served on the applicant on the 28th December 2018. A... More
Applicant employer filed an application with this court which it styles “Application for leave to correct the record by reinstating missing information in Case No LC/H/298A/13”
Respondent employees are opposed to the grant of such application calling it a disguised application for leave to adduce further evidence on appeal. It is only this application which is addressed by this judgment. More
The interesting facts of this case are these. On 12 May 2021 at approximately 1000 hours, the Applicant SUSAN MARY STOOKS, a British Citizen by birth, but who renounced it on 9 May 1961 to acquire Rhodesian and Nyasaland Citizenship by Registration, approached the office of the Department of the Registrar General on her own accord to make an enquiry on the requirements for making an application for the renewal of her passport which is due to expire in August of 2021. She was in peaceful and undisturbed possession of her Zimbabwean passport, her British passport recently issued to her... More
This matter was set down as an application for confirmation of a ruling by a labour officer in terms of Section 93 (5) Labour Amendment Act. On the hearing date the employer raised a point in limine to the effect that the matter was improperly before the court. This was so taking into account two recent decisions of Sakarombe v Montana Meats SC-4-10 and Isoquant Investment v Darku No CCZ 6/20. The employer’s argument was that the labour officer sat on the matter as if it were an appellate body contrary to the spirit of Montana Meats (supra). It also... More
This judgement only deals with points in limine raised by the respondent employer. The 2 points are, that there is no clear relief sought by the appellant thus making the appeal fatally defective and susceptible to being struck off the roll.The2nd point is that appellant has raised in grounds 1 and 8 review issues in an appeal. Ground 1 pertains toflouting of timelines by therespondent employer and ground 8 relates to issues around minutes of the disciplinary proceedings. In like manner it is respondent’s view that these 2 grounds have to be expurged from the record for being bad at... More
Matirasa Katsvairo and Tawainga Arnold Katsvairo who are the first and second respondents contracted a civil marriage on 25 December 1965. The marriage still subsists. In 1979 the applicant and the second respondent entered into an unregistered customary law union. On 8 November 1989 they purported to register a customary law marriage under the African Marriages Act [Chapter 238]. In registering that marriage the second respondent gave his marital status as a person who was already married under the African Marriages Act [Chapter 238]. This purported marriage between the applicant and the second respondent was later declared null and void... More
The matter before me is an application for absolution from the instance at the close of the plaintiff’s case. The brief facts of the case are as follows. The plaintiff seeks payment of the Zimbabwean dollar equivalent of US$607, 453, 35 calculated at the interbank rate prevailing as at the date of payment. After initial denial of liability by the defendant, the only issue that remained for trial was couched in the joint pre-trial conference minute as follows, “Whether or not the obligations that gave rise to this action were caused before or after 22nd February 2019”. The date is... More
