This is an application for confirmation of a draft ruling made by a labour officer. The application is in terms of section 93 (5a) (a) and (b) of the Labour Act Chapter 28:01 (the Act). This case was “heard” before the decision which ruled that where a case has been heard and finalized at the workplace it may not be referred to a Labour Officer or designated agent but that an appeal shall be to the Labour Court. More
This is an appeal against an arbitral award.
The appellant was employed by the respondent initially as a tuck shop assistant in 2007. In 2009, she was transferred to work in the priest’s house designated as a cook but performing duties which included cleaning, hand laundering and she alleges stores too. She therefore essentially worked as a domestic worker as defined in the Domestic Workers Employment Regulations, 1992.
In September 2013, the appellant was further reassigned to the school kitchen to work as a cook. It appears that the appellant resisted this move and did not report for duty at... More
This is a court application, filed by the applicant on 28 September 2022, for leave to execute judgment pending appeal. The judgment which the applicant desires to execute was handed down in HC 1343/21 on 13 September 2022. After hearing arguments from the parties, I gave an ex tempore judgment allowing the relief sought by the applicant, and undertook to deliver a full judgment the next day. Here are the reasons for the order I granted on 17 November 2022. More
The parties agreed to refer this matter to me as a special case in terms of rule 52 of the High Court Rules, 2021. On 15 August 2022, the statement of agreed facts was duly filed, which were captured as follows:
1. Sometime in September 2020, the Plaintiff transported a fuel consignment for Wellsford International destined for Zambia, the trucks of which are the subject matter of this case.
2. Before crossing into Zambia, the trucks made an about turn and made entry into Zimbabwe, still loaded with fuel without following the customs procedure prescribed by the law.
3. The... More
This is an urgent chamber application wherein the applicant seeks an interim order compelling the first respondent grant a compensation offer letter containing the amount to be paid to the applicant’ lawyers i.e. Hove Legal Practice to the Applicant, an interim order barring the first respondents from carrying out, without applicant’s consent, any road construction works and interfering with the applicant’s rights of use, occupation and possession of any portion of the applicant’s immovable property situate in the District of Salisbury, measuring 3 860 Hectares called SUBDIVISION A OF MARSHLANDS OF DELFT OF HOPLEY (the property). On the return day,... More
1. This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47 (1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that applicant caused the death of his wife Niccolah Mabvure (deceased) by stabbing her with a kitchen knife. The deceased suffered deep cuts on the neck, stomach and the right cheek. She bleed and died at the scene of crime. More
The applicants who are husband and wife entered into an agreement of sale with the 2nd respondent, Ndabalime wherein Ndabalime purported to be the seller of 18247 Reynolds Drive, Barham Green. Ndabalime duly received payment from the applicants. The property belonged to Mthokozelwa Sibanda, a brother to the 1st respondent. Mthokozelwa died on 25th September 2015 and Ndabalime sold the property on 24th February 2016. As at the time of such sale Mthokozelwa‘s estate had not yet been registered with the 4th respondent. It was subsequently registered and the 1st respondent who is a sister to Mthokozelwa was appointed the... More
