Appellant filed his notice of appeal on the 2nd August 2022. Respondent filed its notice of response on 12th August 2022. Then appellant filed an answering affidavit on the 24th August 2022. Respondent argued that the answer was improperly filed. Rule 19 of the Labour Court Rules SI. 150/17 provides for an appeal and response thereto. It does not provide for an answering affidavit by the appellant. On that basis the answer was improperly filed. Appellant sought to get around this hurdle by seeking condonation by this Court. Indeed the Court can condone departure from the Rules in terms of... More
Appellant appealed to this Court against his dismissal from employment by Respondent. The appeal is provided for by section 92D of the Labour Act Chapter 28:01. The grounds of appeal were initially two-fold. However upon challenge by respondent, this Court struck off the second ground. More
The applicant, a legal entity which is registered in terms of the laws of Zambia applied to review the decision of the respondent, a corporate body which is established in accordance with the Revenue Authority Act of Zimbabwe. Its grounds of review are three. They are that:
i)the respondent’s forfeiture of its techno mobile phones is grossly irregular on account of the allegation that the respondent failed to take into account the fact that the applicant was not involved in the violation of the Customs and Excise Act [Chapter 23:02] (“the Act”)
ii)the respondent’s forfeiture of the applicant’s mobile phones... More
In the application before me, the applicant seeks specific performance of an employment contract. The background facts are not heavily disputed, hence, I will highlight them in brief. The applicant was employed by the respondent as corporate Secretary until the 31 March 2020, when his contract was terminated on notice. In terms of the agreement (hereinafter called “the 2015 contract”), the applicant was employed for a fixed period of four (4) years. The contract gave him a number of benefits specified in clause 10, which I now summarize below: More
The applicant a male adult aged 22 years is facing a charge of murder in contravention of s47 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He applied for his release on bail pending trial in this court. The state opposed the application sought.
It alleged that on 2 September 2022 the 3 year old deceased who was residing with the applicant and his family, messed herself up without telling the applicant or his wife that she wanted to use the toilet. Angered by this, the applicant assaulted the deceased using a leather belt all over her... More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare dated 26 August 2020 confirming the cancellation of the agreement of sale entered into between the first respondent and the late Benjamin Njiwah and ordering ejection of the appellant from the property described as Stand Number 3131 Dzivarasekwa Township, Harare (the property). More
