The matter was placed before me as an application for quantification of damages for constructive dismissal and payment of gratuity. The application was filed pursuant to an order issued by this court under reference LC/H/984/16. Through that judgment my colleague, Honourable Justice L.M. Murasi granted an application brought by the current applicant for the court to allow the appeal filed under LC/H/434/16 on the basis of respondent failure to file Heads of Argument. It is important to note that in the appeal under LC/H/434/16 was appealing against the arbitral award on the basis of the finding by Arbitrator that he... More
There is a long drawn out dispute between the parties herein. The parties have been in and out of this court over an immovable property identified as Stand Number 227 Carrick Creagh Estate Borrowdale, Harare (the property). More
The applicant approached this court on an urgent basis seeking the relief couched in the following way:
“TERMS OF FINAL ORDER
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. Application to have the Chamber Application for Contempt of Court case no. HC8050/22 set down on the urgent roll be and is hereby granted More
This is an appeal against conviction and sentence. The appellant was convicted of rape as defined in s 65(1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. He was sentenced to 17 years imprisonment of which three years was suspended for five years on condition that during that period he does not commit an offence of a sexual nature for which he is sentenced to imprisonment without the option of a fine. More
At the time Appellant was charged with misconduct, he was employed by Respondent as Acting Chief Executive Officer. Appellant’s substantive position at the time was Finance Manager. It was alleged that Appellant had failed to declare or disclose that he had an interest in the oil industry despite having signed a memorandum during the course of his employment that he was enjoined to make such disclosure. Appellant is alleged to have dishonestly denied having such interest in the oil industry. He was subsequently charged with contravening section 4 (a) of the Model Code, Statutory Instrument 15 of 2006. He was... More
On 16 May 2022 this Court (HON. MANGOTA J) issued an order (the Order) in an application HC 5689/21 pitting first respondent (applicant therein) against applicants in casu and the rest of the respondents. The order read as follows:
1. Applicant’s papers to serve as its summons.
2. Applicant to prepare, file and serve upon the respondent its declaration on or before 31 May 2022.
3. Respondent’s notice of opposition to serve on (sic) its notice of appearance to defend.
4. Respondents to prepare, file and serve upon the applicant its plea on or before 14 June 2022.
5. Thereafter... More
This application was dismissed on the date of hearing. A request has been made for reasons for the dismissal. These are they.
Applicant is facing a single count of contravening section 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:23]. The allegations are that in March 2019 the applicant raped his 16 year old biological daughter. The complainant reported the matter to her uncle who took her to the police and filed a report. More
