The parties to this action are Fredson Mabhena as plaintiff. He is described as a male adult whose address is given as that of his legal practitioners. Such description of the plaintiff does not accord with r 13(a) of the High Court Rules which states inter alia that the declaration “…shall state truly and concisely –
(a) the name and description of the party suing and his or her place of residence or place of business.”
Subrule 1 (c) provides that the same declaration “… shall state truly and concisely –
(c) the name of the defendant and his or... More
This is an appeal against the decision of the respondent employer’s internal appeals committee which upheld the appellant employee’s guilty verdict and dismissal penalty following charges of conduct inconsistent with his employment. More
This is a court application for the granting of a declaratory order. The brief background to this matter is that the applicant and the late Tongai Maxwell Katsande were brothers and Fadzai Katsande was wife to Tongai Maxwell Katsande. Tongai Maxwell Katsande died on 23 February 2007. His wife Fadzai Katsande was appointed executor dative for his estate. In this estate was an immovable property, stand number 14478 Zengeza 3 Chitungwiza (hereafter called the property) which upon the winding up of the estate, was awarded to Fadzai Katsande, in her personal capacity. More
This is an appeal against a determination by the Chief Designated Agent of the Negotiating Committee of the National Employment Council for the Commercial Sectors of Zimbabwe( NECCSZ) which set aside a decision of the Local Joint Committee (of the NECCSZ) and ordered the appellant to reinstate the respondent with no loss of salary or benefits. This aggrieved the appellant leading to the present appeal . Three grounds of appeal are raised. These are that (i) the Negotiating Committee erred and misdirected itself in finding that the respondent was not dishonest and yet it was proven that he had deliberately... More
On 8 September 2012 Plaintiff and Defendant married each other at Masvingo Sports Club. The marriage was blessed with two children Nathan Magaya, born on 5 July 2014 and Sean Magaya, born on 22 October 2016. On 2 November 2020, Plaintiff issued out summons claiming a decree of divorce and ancillary relief. More
At the onset of oral argument in this Court appellant raised 4 (four) points in limine which respondent opposed. The points shall be dealt with ad seriatim. More
This is an application for condonation of the late filing of a Notice of Appeal. It is which cause that the Applicant didn’t file an affidavit but his legal practitioner did this on his behalf. The first issues raised by Respondent’s counsel is that the legal practitioner, who de… to the Founding Affidavit could not appear on behalf of the Applicant as he assured the complexion of a witness. Mr Chipere attempted to play down the issue. However, it is quite clear that Mr Chipere having sworn to the Founding Affidavit would not proceed to appear on behalf of the... More
