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
The issue arising from this application for a declarator is whether property can be transferred to a donee after the death of a donor. Applicant, Chipo Goto, seeks to have declared null and void, the first and final distribution account in the estate of the late Edith Shope Goto, her mother, and who died on 28 May 2021. She also seeks that the first respondent, Shadreck Tsuro being the executor, sign all documents to distribute and transfer to her, property known as Stand 1207 Mabelreign, Township, held under Deed of Transfer Number 3032/91. More
The present application is an offshoot of proceedings that are pending before this court involving the same parties in HC 3911/21. In that matter, the first respondent herein is the plaintiff, while the applicant herein is the first defendant. The second and third respondents herein are the second and third defendants in that matter. At the centre of the dispute is an immovable property known as Stand Number 3462-9th Crescent, Dzivarasekwa Township, Harare (the property). More
After hearing argument in this application for condonation by a barred party, I dismissed the prayer and gave reasons ex tempore. I now furnish written reasons at the request of applicant. More
