The factual background is largely common cause. Sometime in June 2013 the applicant (Clovgate) and second respondent (ZPC) entered into a contract to carry out lift shaft structural refurbishment of the Kariba Power Station. They agreed on a contract price. Clovgate claimed the contract was varied resulting in it incurring extra expenses used in the refurbishment works. ZPC disputed this position which resulted in a dispute between the parties. The parties then appeared before the 1st respondent for arbitration. More
The applicant seeks leave to execute the judgment of this court per TAGU J delivered on 13 January 2021 under HC 1897/16 (judgment No. HH 26/21). The relief sought is aptly set out in the draft order as follows:
“WHEREUPON after reading documents filed of record and hearing counsel it is ordered that:
1. That the Applicant be and is hereby granted leave to execute judgment No. HH 26/21 granted by this court under case HC 1897/16 on 13th January 2021.
2. That the Applicant furnish security to the satisfaction of the Registrar.
3. That in the event of an... More
This is an appeal against the decision of the Designated Agent NEC Motor Industry where he ordered the reinstatement of the respondent employee in a labour dispute pitting him and the appellant employer. More
This is an appeal against a determination made by the Designated Agent for the Food and Allied Industries on the 20th of May, 2022. The appeal is opposed. More
The applicant was employed by the respondent as a general manager. A dispute arose over the manner in which his personal issue vehicle had been purchased. As a result of which the applicant was suspended and later invited to a disciplinary hearing. He was found guilty after the proceedings had been conducted in his absence and he was dismissed. More
This is an application challenging the constitutionality of the provisions of s 314 of the Urban Councils Act [Chapter 29:15] as being ultra vires the provisions of ss 264 and 265(1) and (2), s 274 and s 276 of the Constitution of Zimbabwe. The applicant applies that s 314 of the Urban Councils Act [Chapter 29:15] (hereinafter referred to as “the Act”) be set aside. The application is opposed. More
The applicant, (the Union) seeks an order placing the 1st respondent, (Telecel) on corporate rescue in terms of section 124 (1) of the Insolvency Act, Chapter 6:07 (the Act). The Union contends that the requirements of section 124 (4) (a) of the Act are met in that Telecel is financially distressed. The Union claims to have locus standi as a creditor and a registered trade union representing Telecel employees.
Telecel opposes the application and raised three preliminary points which is the subject of this ruling. More
