The brief narrative is that the applicant entered into a lease agreement with the 1st respondent a juristic entity on the 5th of March 2018. The terms and conditions pertaining to the renewal and termination of the lease where embodied in the lease which is part of the record. By mutual consent the said lease which had been renewed for a further two terms was supposed to expire on the 31st of January 2021. In the interim, the 1st respondent subletted the property in issue to one of its then employees, the 2nd respondent, in February 2019. Somewhere along the... More
Before me are three matters which were consolidated by agreement of the parties so that they could be heard and determined at the same time. The first was an application for rescission of a default judgment obtained by the first and second respondents against the applicant under HC 1769/23. The order obtained in default was for the exhumation of the remains of the late Madzibaba Johanne Masowe to be exhumed from a shrine belonging to the applicant. Also as part of the consolidated records was an urgent chamber application by the applicant for stay of execution of order granted in... More
This is an appeal against the decision of the respondent employer’s disciplinary committee which found appellant employee guilty of misconduct and penalised her with dismissal. More
This is an application for leave to appeal to the Supreme Court. The law on leave to appeal is settled. See CMED v Dombodzvuku SC 31-12.. A reading of the grounds of the intended appeal shows that applicants seeks to impugn the findings of fact by the court aquo that there was nothing remiss of the disciplinary committees conclusion that the employee was guilty since she favoured the committee with conflicting medical certificates on the same issue thus casting aspersions on the authenticity of same. More
On 28 August 2020, the plaintiffs issued summons against the first defendant. The action arose out of an alleged breach of an agreement of sale of immovable property and mortgage facilities concluded between each of the plaintiffs and the first defendant. More
This is an application for confirmation of a draft ruling in terms of section 93 of the Labour Act, (Chapter 28:01). The common cause facts are that the First Respondent was employed by the Second Respondent as a project manager for Mashonaland Province. Parties signed a contract to this effect which was supposed to expire in December 2019. Second Respondent later assigned other duties to First Respondent in Muzarabani. A contract to this effect was signed which was supposed to expire in April 2020. At the expiration of the latter contract no communication was made between the parties in written.... More
The respondent was employed by the appellant as the resident fitter and turner at its depot in Lions Den, Mashonaland West. His duty was to carry out repair and maintenance works on the plant. The works included welding and general plant safety. On 28 August 2018, one Isaac Pini (Pini), a contract general hand, was welding a grain duct in a silo tower which was used to convey soya beans. Whilst he was carrying out the assignment an explosion occurred which resulted in the death of six employees, serious injuries to two others and extensive damage to the silo tower. More
