This is an appeal against part of the judgment of the High Court (the court a quo) handed down on 30 August 2023 granting to the appellant a decree of divorce and distributing the matrimonial assets of the parties to them. The part of the judgment being appealed against is the award of what has been, in essence, their matrimonial home, to the respondent, while according to the appellant a bed and breakfast business (B n B) consisting of a two roomed cottage that the parties constructed on a subdivision of the matrimonial home. More
The parties to the dispute were engaged in an employer employee relationship. The relationship ended and the employee approached the Labour officer with a claim of failure by the employer to pay notice pay, leave days, compensation for off days and public holidays see page 18 of the record which is the complaint form. More
The plaintiff and the defendant (the parties) married each other in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17] on 16 of January 2016. No child was born out of the marriage. During the subsistence of the marriage, no immovable property was acquired. The movable property acquired is termed to be not of substance. On 11 May 2020, plaintiff issued out summons claiming a decree of divorce and ancillary remedies. He stated that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects of... More
This is an opposed chamber application for condonation of late noting of an appeal and for extension of time to appeal. The requirements of this application are trite in this jurisdiction. The court considers the extent of the delay, whether there is a reasonable explanation for the delay and finally whether there are prospects of success in the envisaged appeal. See National Employment Council for Engineering and Iron and Steel Industry v General Engineers, Engineering Maintenance and Civil Engineering Workers Union SC – 60 – 23. More
This is a court application for an order for direct access to the Constitutional Court made in terms of r 21 of the Constitutional Court Rules, 2016. In the event that direct access is granted, the applicant intends to file an application under s 85 (1) of the Constitution of Zimbabwe seeking a declaration that its rights to the protection of the law and to a fair hearing, guaranteed in ss 56 (1) and 69 (2) of the Constitution respectively, have been infringed by the decision of the Supreme Court of Zimbabwe in judgment SC 93/23. More
This is an appeal for a matter heard in terms of the National Code, S.I. 15 of 2006. The appeal was filed on the 23rd of October 2023. This was after the promulgation of Amendment Act No 11 of 2023. This amendment amended subsection (5) of Section 101. The amendment is to the effect that a party aggrieved by a ruling at the workplace or the process may appeal to a labour officer. Instead of doing so the appellant appealed directly to the Labour Court. A point in limine on the impropriety of the procedure was taken. More
On the 25th April 2023 at Harare, applicant in his capacity as a Labour Officer, issued a ruling. He ordered 1st respondent (employer) to pay 2nd respondent (employee) an amount of US12,000-00 as damages for unlawful termination of employment. Apparently, the employer did not comply with the ruling. Then applicant applied to this Court for the confirmation of his ruling in terms of section 93(5a) of the Labour Act Chapter 28:01 hereafter called the Act. More
