This is an appeal against the whole judgment of the Special Court of Income Tax Appeals which upheld the dismissal of objections raised by the appellant against certain assessments for income tax made by the respondent. 2. At the commencement of proceedings Mr Magwaliba, for the respondent, indicated that he was abandoning the points in limine that he had raised. He submitted that the parties had agreed to address the merits of the appeal. For that reason, the said points in limine will not detain the court and will therefore not be adverted to at all. More
The applicant, Zimbabwe Anti-Corruption Commission, is a statutory body. It owes its existence to the Constitution of Zimbabwe. Its aim and object are to fight and, as its name suggests, eradicate corruption from within the lengths and breadths of the country. It deals with such other offences as theft, misappropriation of funds, abuse of power and other improper conduct in both the public and private sectors of Zimbabwe. It investigates and exposes cases of corruption and all crimes which are related to it. More
This is an appeal against the decision of a Disciplinary Authority set up by the appellant.
The respondent was employed by the appellant in a senior position of Mine Manager. Allegations of misconduct were levelled against him. Disciplinary proceedings in terms of the Labour (National Employment Code of Conduct) Regulations, 2006 Statutory Instrument 15 of 2006 (National Employment Code of Conduct/Model Code) (S.I. 15/06) were conducted against the respondent. At the conclusion of the hearing the Disciplinary Authority exonerated the respondent from any wrong doing. That decision aggrieved the appellant, hence this appeal. More
Zimbabwe Homeless People Federation, an universitas, Knowledge Tinashe Kwambana and Warship Dumba, natural persons, (“the applicant”) sued the City of Harare and Augur Investments OU (“Augur”), which are the first and second respondents respectively, among other respondents. It moves me to:
(i) declare as a nullity and set aside the Memorandum of Understanding and the Shareholders Agreement which the first and the second respondents (“the parties”) concluded between them on 21 June, 2007 and 4 September, 2007 respectively.
(ii) set aside all transfer of land from the City of Harare to Sunshine Development (Private) Limited, the seventh respondent herein, which... More
[1] Applicants seek condonation for taking a special plea out of time. Mr. Jingini Raphael Tsivama, applicants` legal practitioner, deposed to the founding affidavit.Similarly, Mr Chenjerai Daitai, the legal practitioner representing first respondentreciprocated with the answering affidavit. Mr. Tsivama also drew up the applicants` heads of argument. Whilst no issue was raised by either side regarding the source of these depositions, I will briefly comment, in the course of this judgment, on their peculiar relevance to the disposal of the matter at hand.
[ 2] This application was opposed by first respondent. Third respondent indicated that it was not opposed... More
Before me is an application by the Zimbabwe National Road Administration (ZINARA) for rei vindication in respect of a Toyota Hilux (double cab) motor vehicle, registration number AEC 6465 (“the vehicle”). The application is opposed. The factual background giving rise to the dispute is as follows: sometime in March 2010, the applicant and the respondent entered into a contract of employment. The respondent was employed as regional engineer of the applicant, as evidenced by the contract marked Annexure “B”, which appears on pp 8-10 of the record. Clause 6 (b) of this contract reads as follows: More
The applicant approached this court on an urgent basis seeking the following provisional order:
TERMS OF FINAL ORDER SOUGHT
That you show cause to this honourable court why a final order should not be made in the following terms:
That you show cause to this honourable court if any, why a final order should not be made in the following terms:
1. The first respondent and anyone in its employ or working in concert with or under its instructions be and are hereby interdicted from carrying on any form of mining activities on Welcomeback 18 Mine and from removing slag... More
