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
During the pre-trial conference, the parties agreed that this matter be dealt with as a special case in terms of Order 29, r 199 of the High Court Rules, 1971. The facts in relation to the special case are contained in a document signed on 28 August 2020 by both parties, whose contents are captured below: More
This matter was placed before me as an application in which the applicant seeks payment of the sum of US$714 000 (seven hundred and fourteen thousand United States Dollars). The background to the matter is as follows.
The respondent is the registered owner of two properties namely stand 504 and stand 12085 located in Zimbabwe. Sometime in 2019 an entity called Transafrica Investment Holding SA (“Transafrica”) secured a credit facility from the applicant on specific terms. More
This is an appeal against a determination made by the Respondent Disciplinary Authority on 30th of March, 2022. The appeal is opposed. The material background facts to the matter are as follows; The Appellant was employed by the Respondent as a Driver/Salesman. He was engaged on a fixed term contract running from 1st of January, 2021 and expiring on 31st of March 2021. On the 23rd of March 2021 the Appellant was suspended from employment without pay or benefits. He was notified to attend a hearing on the 29th of March 2022. The allegations levelled were that he had violated... More
The parties were married in terms of the then Marriage Act [Chapter 5:11] on the 7 of September 1991. Their union was blessed with three children, Anesu Elisha Shumba, born 19 November 1992, Tanaka Shumba, born 4 March 1996 and Laura Shumba, born 31 October 1999. On 27 August 2019, plaintiff issued out summons claimind a decree of divorce and ancillary relief. In her declaration she stated that the parties’ marriage has irretrievably broken down to such an extent that there are no reasonable prospects of a reconciliation. She further stated that defendant committed adultery with several women and treated... More
