Appellant was employed by the respondent for a period of 33 years as a machine setter on a contract without limit of time. He fell ill on or about May 2022 and he could not report for duty since the 27th of May 2022. Initially he was placed on a fully paid sick leave for three months and later on half pay for another three months. However, his condition did not improve. Early December 2022, the parties discussed the state of affairs arising from the appellant’s exhaustion of his paid sick leave days. It was agreed that the company’s doctors... More
At the onset of oral argument in this Court respondent raised points in limine which appellant. The points shall be dealt with ad seriatim.
That the appeal is improperly before the Court:
The point is expatiated in respondent’s opposing affidavit thus;
“4.1 I am advised that the present Appeal is improperly before the Court and violating Section 101 of the Labour Act as amended. The Appeal ought to have been filed before the Labour Officer/Designated Agent in terms of the Labour Amendment and not the Labour Court within provided statutory timelines. More
The plaintiff approached court seeking that she be declared the owner of house number 64 Nzou Street, Rimuka Kadoma (hereinafter referred to as the property) and the eviction of the defendant. The defendant is defending the claim and challenges the relief sought. The application is well within the law in terms of s 14 of the High Court Act [Chapter 7:06] which empowers this court at the instance of an interested party to enquire into and determine any existing, future, or contingent right or obligation. The parties appeared in chambers on 12 September 2023 and given that the facts are... More
This is an appeal against the whole judgment of the Magistrates Court. The short history of the matter is that first appellant borrowed a sum of US$40,000 from respondent on 31 May 2021. First appellant defaulted on the due date of 30 June 2021 but reduced its indebtedness by a payment of US$20,000 in September 2021.Thereafter, first appellant`s commitment to settle the balance became markedly diffident. More
The appellant appeals against the whole judgment handed down by the High Court (the court a quo) on 1 March 2023. The court a quo ordered the appellant to pay to the respondent the sum of US$74 332.58 together with interest thereon at the rate of 5 per centum per annum from 12 December 2013 to the date of payment in full and costs of suit. More
The facts of this case emanate from the effects of the Covid-19 pandemic. The pandemic had worldwide implications. The Respondent was obliged to close the doors to several of its hotels. Employees were required to stay at home. Respondent continued up to some stage to pay these employees when they were not offering any work. The record shows that the Respondent had several meetings with the employees’ representatives. Respondent resorted to paying 50% of the wages. It is also common cause that Respondent later retrenched a sizeable of the employees after having notified the Retrenchment Board which Board approved the... More
Appellant, appeared before the Regional Magistrate Court, Kadoma on two occasions seeking bail pending trial. He had been apprehended on two charges of armed robbery and possession of articles used in the commission of an offence, in contravention of ss126 and 140 of the Criminal Law Codification and Reform Act [Chapter,9:23], respectively. Of note, on his initial remand of the 2nd of May 2024, bail was opposed by the State, on the faith of the request of remand form and the investigating officer’s affidavit. When the appellant reappeared on the 8th of May 2024, the State was in possession of... More
