This is an urgent application for stay of execution of a decision made against the applicant by the respondent wherein the respondent demoted the applicant . The application is opposed. This is not the first time that the applicant has approached this Court with a similar application. In January 2024 the applicant appeared before this Court ( Honourable Musariri J). Judgment in that matter, LC/H/2/24 ,was issued on 15th January 2024.The Court in the earlier application dismissed it on the basis that the applicant failed to show that he would suffer irreparable damage should the demotion not be stayed pending... More
The appellant appeals against an order handed down by the High Court (the court a quo) on 29 June 2021. The court a quo dismissed his application for condonation and upliftment of the bar. The bar arose from the appellant’s failure to serve his appearance to defend on the respondents within 24 hours, in breach of r 49 of the then subsisting High Court rules, 1971. These rules were repealed and replaced by the new rules, High Court rules, 2021 on 23 July 2021. More
This is an application for condonation for late noting of an application for rescission of judgment. The matter is unopposed to the extent that as at date of set down the respondent did not put its response to the matter. It was only on the set down date that it tried to show cause why it did not put in its response. Its argument was that the pleadings attendant to the matter had found their way to its junk mail and when it belatedly realised that development it was already out of timed to file its response. More
On the 30th November 2022 at Harare, Designated Agent (DA) T. Marisa dismissed applicants’ (employees) claims of unlawful termination of employment by respondent (employer). The employees then applied to this Court for the review of the determination. The application was made in terms of Sections 89(1) of the Labour Act hereafter called the Act. The employer opposed the application More
This is an application for quantification of damages due to the applicant employees following the dismissal of the appeal by the employer at the Supreme Court. The background to the matter can be summarised as such. The employees lost their jobs with the employer on notice. They queried the termination of their services as they were of the view that the termination was not in sync with the provisions of section 12(4) of the labour Act as amended. They successfully challenged the termination both before the labour officer and before the labour court. The employer took the matter to the... More
The Plaintiff and Defendant were married on 21 February 2008 in terms of the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17]. The marriage was blessed with two minor children born in 2007 and 2012 respectively. On 3 June 2022 Plaintiff issued out summons for a decree of divorce and ancillary relief. Plaintiff alleged that the marriage had broken down irretrievably and there are no prospects of restoring a normal marriage relationship. She also submitted that during the subsistence of the marriage, the parties acquired movable and immovable property. She proposed how the property should be shared.... More
