This is an appeal against the whole judgment of the Labour Court (“the court a quo), sitting at Gweru, wherein the court a quo upheld an appeal by the respondent on the basis that she had been improperly charged and convicted by the appellant’s disciplinary authority. More
A brief background of this matter is that on 14 February 2017 applicant filed an urgent chamber application seeking provisionally an order interdicting respondents and any other persons acting through them from interfering with or otherwise disrupting Applicant from collecting his assets from 3rd respondent’s premises at any given time and also that 2nd respondent be interdicted from issuing threats of harm to applicant and preventing or disrupting applicant from carrying out his activities at 3rd respondent’s premises. More
Defendant entered appearance to defend and filed a plea. The basis of the plaintiff’s claim is that on the 29th of August 2018, plaintiff and defendant entered into a Marketing Licence Agreement herein after called the (“MLA”) wherein plaintiff was the Licensor and defendant the Licensee. Plaintiff who is the owner of property known as Fife Street Service Station allowed defendant to occupy and utilize the service station on terms agreed in the said agreement. The agreed duration of the agreement was one (1) year from the 1st June 2018 up to the 31st of May 2019. In terms of... More
Had it not been for the vagaries of climate change, this application may well never have been made. Before the court is a consolidation of two opposing claims between the same parties. One party (the applicant or “Townsend”), seeks an order for the registration of an arbitral award in terms of Article 35 of the Arbitration Act [ Chapter 7:15] (“the Act”). The other party (respondent “Sinohydro”) opposed Townsend`s claim. It also filed an application, under case number HC 1775/18, wherein it prayed for an order setting aside the same arbitral award in terms of section 34 of the same... More
In 2004, the Reserve Bank of Zimbabwe (RBZ) advanced a loan to Intermarket Holdings Limited (IHL), then a wholly owned subsidiary of the appellant. The loan was converted to equity in 2006. The RBZ thus became a 50.98 per cent shareholder in IHL. Soon thereafter, the RBZ divested its stake to the respondent without according appellant the pre-emptive rights embodied in IHL’s articles of association. The respondent thereafter assessed the appellant’s remaining stake in IHL to be equivalent to 6.21 percent of the respondent’s own issued share capital. In March 2007, the respondent offered the appellant a 6.21 percent shareholding... More
This is an application for leave to appeal to the Supreme Court. At the onset the respondent employer took 2 points that the application was ill placed. This was on account of the fact that it is referred to using the wrong section of the Labour Act that is 92F(3) instead of S 92 F(2). It is also reasoned by the employee that the intended appeal grounds do not raise points of law. In response to the points the applicant conceded the ill citation and prayed that since it is in the form of typo error it be condoned and... More
The applicant seeks condonation for late noting of an appeal and extension of time within which to note an appeal. The State did not file a response. Despite the non-filing, l am required to consider the application on the merits. The applicant appeared before a Magistrate sitting at Kariba Magistrates Court facing a charge of fraud in contravention of s136 (a) (b) of the Criminal Law (Codification and Reform) Act (Chapter 9:23).The State alleged that the applicant sold a BMW X4 chassis number WBAXX120500X22929 with an engine number 59835070 to one Bonisani Sithole. The complainant paid US$9600. Unbeknown to the... More
