The applicant approached this court seeking a declarator in terms of s 14 of the High Court Act [Chapter 7:06]. More particularly, the applicant prayed for the relief couched in the following manner:
“(a) The 1st Respondent did not afford a proper opportunity to the Applicant to exercise its right of first refusal in respect of the property being Stand 3188 Salisbury of Salisbury Township Lands registered under Deed of Transfer Number 7820/1989 also known as Number 1 Elsworth Avenue, Harare. More
On 20 September 2024, I struck the present application from the urgent roll. I am now supplying the reasons for the order of 20 September 2024 upon applicant’s request. More
At the onset of oral argument in this Court respondent raised 2 (two) points in limine which applicant opposed.
The points shall be dealt with ad seriatim More
On the 1st November 2021 at Harare, F. Mutambirwa N.O. in her capacity as a
Designated Agent (DA) made a determination. She ordered appellant (employer) to pay
respondent (employee) various amounts of money for outstanding service pay, notice pay,
leave pay, overtime, unpaid wages and housing allowance. The employer then appealed the
determination to this Court in terms of section 92D of the Labour Act Chapter 28:01. The
employee opposed the appeal. More
On 24 July 2024 we dismissed an appeal brought up by the appellant with an order of costs. Appellant then asked for our reasons for such a decision. We now avail the reasons.
FACTS
On 8 March 2016, the respondent, City of Mutare made a court application at Mutare Magistrate’s Court suing Manicaland Theatre Association of Performing Arts as first respondent, Henry Tsopotsa as second and Caroline Mapungwana as third for eviction. The application for the trio’s eviction was premised on the fact that first respondent also known as Courtauld Players had dissolved and formally returned the property to City... More
The Respondent, through its Notice of Response and Heads of Argument has taken a point in limine. The Respondent contends that the grounds of appeal do not conform to Rule 19 (1) and more particularly Form LC4 of the Labour Court rules, 2017 in that the grounds of appeal are not clear and concise. The Respondent further contends that grounds of appeal 4, 7 and 8 amount to narrations of events, they do not amount to grounds of appeal. The Respondent’s prayer is that the appeal ought to therefore be struck off the roll on this basis More
The appellant is a former CID detective in the Zimbabwe Republic Police who was, prior to disengagement, based at Harare Central Police Station. He, along with one of his co-accused, Given Mushore, are serving a term of three years imprisonment for unlawful entry committed in aggravating circumstances and a term of thirty years imprisonment for murder. This followed their conviction and sentence by the High Court of Zimbabwe sitting at Harare (the court a quo) on 17 August 2022. The court a quo ordered the two sentences to run concurrently. More