This is an application for rescission of judgment. The applicant who appears in person is the daughter of the late Amos Bernard Muvengwa Midzi (deceased) who passed on in 2015 and whose estate is registered under DR 1467/15. The first respondent is deceased’s surviving spouse. She is a stepmother to the applicant. The second respondent was an executor of the estate of the deceased. The third respondent is cited in his official capacity responsible for administration of deceased estates. More
This is an appeal against the decision of the Children’s Court for the Province of Mashonaland sitting at Harare. Appellant and respondent are married and their marriage was blessed with two minor children. On or about March 2022, appellant moved out of the matrimonial home with the children and did not disclose where she was relocating to. In May 2022 respondent wanted to take the children for interviews at Peter House School and approached the lower court for access which was granted. Respondent averred in the lower court that on being granted access to the children, he noticed that the... More
The 1st respondent is a former employee of the applicant. He was dismissed from the applicant’s employ following disciplinary proceedings. He was aggrieved by the dismissal. .He alleged that he had been unfairly dismissed and that the applicant had made some underpayments to him. The 1st respondent appealed against the dismissal to the ‘Exemption Committee’ and it ordered that he be reinstated without loss of salaries and benefits. The applicant on the other hand appealed to this Court against the decision to reinstate the 1st respondent. The appeal is still to be heard. Meanwhile the 1st respondent approached a designated... More
On the 29th March 2021 at Harare the Exemptions Committee (EC) of the NEC for Rural District Councils issued a determination. The EC ordered appellant (employer) to reinstate respondent (employee) without loss of salary and benefits. The employer then appealed to this Court in terms of section 92 D of the Labour Act Chapter 28:01. More
This is an appeal against the decision of the arbitrator. The arbitrator had presided over the issue of who was the respondent’s employer between the Rural District Council and the Ministry of Health and consequently who was responsible for the unfair dismissal of the respondent. That the respondent was unfairly dismissed was not an issue. The arbitrator’s decision was based on written submissions by the parties wherein both parties clearly show that the issue for determination was to determine who the employer was at the time of termination of the contract of employment. More
This is an appeal against the whole judgment of the High Court (the court a quo) sitting at Harare, handed down on 16 June 2021, dismissing the appellant’s claim for an order ejecting the respondent and all those claiming occupation through him from plot 16 340 Chinhoyi (the plot), payment of holding over damages in the sum of $300 per month for illegal occupation of the appellant’s plot from 13 December 2013 to date of ejectment or vacation and interest at the prescribed rate and costs of suit. More
1. This is an application for reinstatement of a case that was deemed to be abandoned for failure to file heads of argument in time. The deeming provision is Rule 46 of the Labour Court Rules S.I.57 of 2017. The application is opposed. The reason for failure to file heads of argument was that the legal practitioner was in South Africa for treatment after an accident. More
