Applicant and respondent are husband and wife having married in terms of the Marriage Act [Chapter 5:11] on 27 September 1997. The marriage was blessed with two children who are now adults. During the subsistence of the marriage, they acquired a property known as Lot 4 of Chimwemwe of subdivision A Kingsmead of Borrowdale Estate measuring 4212 square metres ( the property). Applicant says the property was acquired by his optional shares from his previous employment. The property was subdivided and stand 916 Borrowdale Township of Lot 4 of Chimwemwe of Subdivision A of Kingsmead Extension of Borrowdale Estate measuring... More
This is an appeal against both conviction and sentence. Appellant was convicted of theft of a motor vehicle in contravention of section 113 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23], following a full trial after pleading not guilty. He was sentenced to 36 months imprisonment, with 12 months suspended for 5 years, on condition that, he does not commit similar offences involving dishonesty and theft, upon which if convicted will be sentenced to an imprisonment term without an option of a fine. An effective 24 months jail term remained. More
On the 25 of October, I handed down an ex tempore ruling in which I dismissed the applicants’ claim. At that point, the applicants were represented by James Majatame Attorneys At Law. It appears that the applicants have now secured representation from Mugiya and Muvhami Law Chambers who have written requesting an upliftment of the judgment. This is a curious fact as Mugiya and Muvhami Law Chambers were representing the first respondent at the time the matter was heard before me, as evident from the record. It is improper for Mugiya and Muvhami Law Chambers to switch camp at this... More
This is an application for the condonation of late noting of an appeal and extension of time within which to note the appeal. The respondent employer is opposed to the grant of condonation relief citing the fact that such is not well founded. More
The historical narrative is that, the first and third applicants are brothers borne of the same father, whilst the second is a wife to their late brother. The dispute revolves around their stay and occupation of a once family property, farm 27 Chitomborwizi East, Chinhoyi. The farm is said to have originated from their biological father Johannes Ngandu Chiguvare who was the original occupier or acquirer in the late 1940s. Somehow, their late father is said to have donated his rights and interests in the said farm to one of his sons, a brother to the two applicants, Antonio Mapfumo... More
The appellant was employed as a general hand by the respondent and was stationed at Marondera Provincial Hospital. The respondent charged him with an act of misconduct. It was alleged in a letter dated 18 July 2022 that he was being charged with an act of misconduct in terms of the Labour National code of Conduct Regulations Statutory Instrument 15/2006, Section 4 paragraph (d) which reads “theft or fraud” More
This is an application for the confirmation of a draft ruling by the applicant in terms of Section 93 of the Labour Act [ Chapter 28:01] (the Act). The applicant in casu presided over the quantification of amounts claimed by the employees from their employer, the 1st responded. More
