This is an application for condonation for late noting of an application for confirmation of a draft ruling.
The applicant is a Labour officer. On 20 August 2018, he handed down adraft ruling in a dispute between Gerald Kambadza and Zimbabwe Leaf Tobacco (first and second respondents respectively).
The background to the dispute is that the 1st respondent was charged at the work place with an act of misconduct. It was alleged that the 1st respondent was in the habit of absconding from work without authority from management. It was further alleged that the 1st respondent had absconded from his... More
In this matter applicant has applied for an order dismissing the first respondent’s claim in case No. HC 1378/15 against applicant in terms of r 75 of the High Court Rules 1971 on the basis that the first respondent’s claim is frivolous and vexatious. The applicant cited the first respondent and Saltana Enterprises Pvt Ltd as joint respondents. The third respondent was joined as a third respondent as a result of third respondent having been joined as a third defendant by first respondent (the plaintiff in HC 13781/15). More
[1] At the commencement of the hearing of this appeal, Mr Magwaliba advised the Court that the parties had agreed to request adetermination on the preliminary issue, raised in the issues for determination in the pre-trial hearing minute filed by the parties in this matter- which is, whether there is before the Court a valid appeal in respect of which the Court can assume jurisdiction. The parties agreed that a determination of the preliminary point would be dispositive of the appeal.
[2] Briefly, the relevant facts forming the background of the matter are as follows. On 12 March 2020 the... More
MAKONESE J: The two applicants are facing serious allegations of robbery in contravention of section 126 of the Criminal Law (Codification and Reform) Act (Chapter) 9:23. The state alleges that on 1st January 2021 and at around 2200 hours at 4462 Gwabalanda, Bulawayo applicants were part of a group of four assailants who produced a knife and placed it on the complainant’s neck threatening to cut his throat at the same time demanding cash and valuables. Applicants and their associates then forced the complainant to lie down on the middle of the road whilst the complainant’s friend was being held... More
UCHENA JA: This is an appeal against the wholejudgment of the Labour Court dated 22 March 2019setting aside an arbitral award which had been granted in favour of the appellant. More
After hearing argument on the preliminary point whether the applicants required leave of the court to bring their application, the court ruled that leave was necessary. Having been filed without leave, the matter brought by the applicants was struck off the roll with no order as to costs with the court indicating that its reasons would follow in due course. More
On 29 June 2021, I gave judgment ex tempore. I have been requested to give reasons and these are they.
The matter was placed before me as a chamber application for condonation and upliftment of bar in terms of Order 32 r 241 as read with Order 12 r 84(1)(a) of the Rules of the High Court, 1971. More
