The second respondent, Monica Gondo, had entered into an agreement of sale with the applicant’s former husband when there was no valid subdivisional permit at the time the sale was concluded. Accordingly, the subsequent transfer to the second respondent was defective, fatally so. The applicant challenged the validity of that sale through an application for cancellation of title made before the High Court. The high Court, according to the applicant, erroneously found that the matter was “res judicata” and upheld the second respondent’s preliminary objection on that ground. The second respondent, through her legal practitioners, founded part of the basis... More
The applicant seeks relief by way of review. The relief sought is set out in the draft order accompanying the application and it reads as follows:
“IT IS ORDERED THAT:
1. The decision of the first respondent purportedly of the 5th January 2016 by which he purported to withdraw the offer letter given to the applicant in respect of subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen Forest Farm, Goromonzi District of Mashonaland East Province shall be and is hereby set aside.
2. Applicant’s rights in subdivision 26 measuring 149 hectares of Pilgrims Rest PTN of Glen... More
This is an application in terms of section 93 (5a) and (b) of the Labour Act [Chapter 28:01] (the Act). The applicant ruled in favor of the employees. In response to the application for confirmation of the draft ruling, the employer raised several preliminary issues which it alleged were capable of disposing of the matter. More
The accused person was aged 20 years, when he was tried and convicted of 2 counts of rape on a minor girl then aged 9 years, in 2022. He was sentenced to an effective 15 years from a sentence of 18 years with 3 suspended on good behaviour. He is appealing against both conviction and sentence. His grounds of appeal are basically that the court erred in making a finding that there was rape when the medical affidavit could not confirm the same. Further, that the evidence of the complainant was inconsistent as to the place where the rape took... More
On 29 November 2021 my brother Musithu J granted the following provisional order in the urgent application proceedings.
“It is ordered that:
Pending the determination of this matter on the return day, the applicant is granted the following interim relief:
1. The operation of the circular resolution executed by the first and second respondents dated 1st October 2021 authorising the placing of Adlecraft Investments (Private) Limited under voluntary business rescue proceedings is suspended.2. The respondents are hereby interdicted from implementing the terms of that resolution.” More
The appellant initiated a retrenchment process against the first respondent before the second respondent. The second respondent made recommendations to the Minister of Labour and Social Services (the Minister) in terms of the Labour Relations Retrenchment Regulations, 2003 (SI 186/2003) (the Regulations).
By notice dated 2 March 2015, the Minister approved the retrenchment of the first respondent with effect from 23 February 2015. The approval included the terms for the retrenchment and more particularly that the first respondent was entitled to payment of a gratuity equivalent to one month’s salary for every year worked, a stabilisation allowance equivalent to two... More
This is an application for review of the proceedings of the disciplinary committee. Initially the review was based on six grounds but they were reduced to two as the other four were abandoned. More
