This is a court application for variation of a custody and access order. The applicant and respondent are ex-wife and ex-husband respectively; their divorce having been granted in 2019 by this Honorable Court. The applicant seeks variation for custody and access order previously granted. More
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 part of the judgment of the Magistrates Court (“the court a quo”) handed down on 5 March 2024. The appellant appealed against part of the judgment of the court a quo that awarded her only 25 percent shares in the immovable property called Stand 2094 Kukura Kuroja Housing Co-operative, Hatcliffe, Harare (“the Hatcliffe property”). In terms of that judgment, the court a quo dismissed the respondent’s claim for the eviction of the appellant from the Hatcliffe property and awarded the appellant a share of 25 percent of the said property against the 50 percent share... 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
