At the onset of the appeal the respondent raised points in limine. In response to the same appellant indicated to the court that he had preliminary points to raise before he could respond to the points by the respondent. In that regard the court allowed that the appellant addresses it first on the points that it has. The appellant took 3 points in that the form used did not bear the inscription LC 2, that the response and the Heads of Argument are out of time by about 2 months. The respondent conceded the omissions but sought the court’s indulgence... More
Appellant worked for Respondent as Hospital Administrator in Chipinge. He was dismissed from employment after being found guilty of misconduct by the disciplinary authority. He appealed but the appeals authority dismissed the appeal. Appellant then appealed to this Court in terms of section 92D of the Labour Act Chapter 28:01. More
This Urgent Chamber Application seeks to stop the continuation of trial before the second respondent. The applicant was charged with three counts of criminal abuse of duty as a public officer as defined in section 174 (1) (a) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. He pleaded not guilty and the trial commenced with the leading of evidence from eight state witnesses. At the close of the state case the applicant applied for a discharge in terms of section 198 (3) of the Criminal Procedure and Evidence Act, Chapter 9:07, which application was dismissed by the second... More
1. This is an opposed application for quantification of damages in lieu of reinstatement. It is made after the employer has not reinstated the employee and there were no negotiations to settle the matter. It is one of those many cases where parties do not want to co-operate and resolve their issues out of court. More
On 30 March 2023 this Court issued an Ex Tempore decision dismissing Applicant’s application for rescission of the default judgment delivered by the Court sitting at Mutare Circuit Court. Applicant is dissatisfied with the dismissal of the application for rescission and intends to approach the Supreme Court. More
The applicant seeks a declaration of invalidity in respect of additional income tax assessments for the tax years ended 2019 and 2020. It also seeks another declaration of invalidity of the additional value added tax [VAT] assessments issued against it by the respondent for the period March 2019 to October 2021. It claims costs of suit on an attorney and client scale against the respondent. More
The plaintiff issued summons against the defendant for specific performance. It sought payment of ZWL$ 28 140.03, interest at the prescribed rate plus costs of suit. In its declaration, the plaintiff averred that it entered into a contract for the provision of security guard services with the defendant for the period 1st of January to the 30th of September 2022. These services were to be provided at three of the defendant’s catchment areas. Payment for such services was to be made on a monthly basis upon furnishing of an invoice. The plaintiff’s invoices totalled ZWL$47 344. 619.61. Of this amount,... More
