This is an application for rescission of a default judgment granted by this Court on 7 November 2023.
The brief procedural history of the matter is as follows. First Respondent filed an appeal with this Court in Case Number LC/H/18/23. On the hearing date, that is, 31 May 2023, Applicant was in default and the Court allowed the appeal. Applicant thereafter did not file an application for rescission timeously. This led to the filing of an application for condonation of the late filing of an application for rescission of judgment under case Number LC/H/747/23. On the hearing date, which was... More
This is an appeal against the determination of the Respondent’s Appeals Authority which determination was handed down on the 19th of May 2023 and served on Appellant on the 23rd of May, 2023.
The material background facts to the matter are as follows. The Appellant was employed by the Respondent as a Loss Control Manager. On the 17th of April 2023 he was notified that, following a complaint by his immediate supervisor, the Respondent had reason to believe he had committed two acts of misconduct namely;
(i) Contravention of Section 4 (g) of Statutory Instrument 15 of 2006 i.e. habitual... More
Plaintiff caused the issuance of summons against the defendants wherein he claimed:
1. Payment of an amount of US$ 10 402.42 (ten thousand four hundred and two United States dollars and forty two cents) being the duty amount levied by ZIMRA on a vehicle sold to plaintiff by defendants.
2. Payment of car hire charges at the rate of RTGS 600 (six hundred RTGS dollars) per day from 18 December 2019 to the date of release of the vehicle from ZIMRA or to the date of full refund of the purchase price by defendants.
3. Alternatively, failing (1) above, the... More
Appellant appealed to this Court against her dismissal from employment by Respondent who opposed the appeal.
The grounds of appeal were three-fold as follows;
“1. The Respondent grossly erred and/or misdirected himself in his assessment of the evidence that was placed before the Disciplinary Committee. More
The factual background to this matter is that the plaintiff and the defendant have been married for 26 years from 1993 to date. In 1993 they were married in a customary union which was succeeded by a civil marriage in 1998. The couple subsequently sired three children during the subsistence of their marriage. They formed 4 companies and built four homes during the marriage among other assets. In December 2019 the defendant left their matrimonial home abandoning the plaintiff and their three children. The plaintiff then launched divorce proceedings against the defendant seeking a decree of divorce and ancillary relief. More
On 26 July 2024 under case number HCH 2530/24 (the main matter) this Court granted an order in favour of Korzim against the Minister, the Provincial Mining Director and Kingston. Having become aware of the existence of the order and that the ejectment was scheduled for 8 August 2024, Fourteen Karate, on 6 August 2024, instituted two Court proceedings. The first was a Court application for rescission of the order granted in the main matter on the basis that it was erroneously granted in the absence of Fourteen Karate, which claims that it is affected by that order. More
This is an appeal against the decision of the arbitrator who ruled that the respondent employees who had refused to sign new USD contracts had not repudiated their contracts and put themselves out of employment. The matter has a long and chequered history of being in the Labour Court and in the Supreme Court. The instant judgment is written out in fulfilment of a remittal order from the Supreme Court where after the Supreme Court concluded on the issue of citation it remitted the matter to this court so that the merits of the appeal could be entertained. More
