This is a judgment on preliminary issues which were raised on behalf of the 1st respondent where the main matter was an application for review. The following were the preliminary issues. That the application was defective in that it did not comply with the provisions of R20 of the Rules of this Court and Form LC5; that the grounds for review were not concise and precise; issue estoppel/res judicata in that the applicant was raising an appealable matter in an application for review where such matter had been competently dealt with in terms of a code of conduct. The respondent... More
1. This is an application for bail pending appeal against both conviction and sentence.
2. It was triggered by the judgement of this court convicting them, together with one Terrence Mukupe, of the alternative charge of contravening s 174(1)(e) of the Customs and Excise Act [Chapter 23:02] (“the Customs and Excise Act”) and the sentence imposed on each of them. More
Applicants applied to this Court for quantification of damages for loss of employment. 1st Respondent opposed the appeal.
The matter arises from the order issued by this Court on 24th October 2022. The order nullified the dismissal from of employment of applicants (employees) by the 1st respondent (employer) and remitted the matter to the employer for a rehearing within thirty (30) days. If the employer did not comply, it was ordered to reinstate the employees or pay them damages either agreed by the parties or assessed by this Court. More
This is a court application for summary judgment in terms of Rule 30(1)(2) of the High Court Rule 2021.
BACKGROUND FACTS
Applicant was employed by the respondent. The latter terminated the contract of employment. Applicant was aggrieved and he filed a claim against respondent with the National Employment Council for the Medical Industry. The matter was determined by a DESIGNATED AGENT of the NEC for the Medical Industry who ordered that respondent pays a total sum of US$10366.62 or equivalent being back pay and damages in lieu of reinstatement. The respondent failed to pay the amount so ordered resulting in... More
The applicant was employed as a Finance Manager and Director for 18 years. He was charged with Misconduct and was dismissed from employment in February 2013. He appealed against the dismissal and Honourable arbitrator W T Pasipanodya ruled in his favour. The applicant then appeared before Honourable TC Sengwe for quantification of damages. More
This is an application for a declaratory order. The basis of the declaratory order sought is an alleged fraudulently instigated cancellation of a Deed of Transfer by the 2nd respondent at the behest of the 1st respondent. The declarator seeks to vindicate the applicant’s right of ownership in terms of the Deed of Transfer No. 2290/2018. More
