This is an appeal against the order of the Magistrates Court sitting at the Bulawayo Magistrates Court (“court a quo”). The appellant, Nomathemba Banda, secured a loan from the respondent, FMC Finance (Private) Limited. The respondent contended that the appellant defaulted in her loan repayments and sued for the recovery of the balance outstanding. The court a quo granted summary judgment in favour of the respondent. For ease of reference and where the context allows the parties shall be referred to as in the court a quo i.e., the respondent as the plaintiff and the appellant as the defendant. More
This is an application for condonation for late noting of appeal. It is opposed.
I must express from the outset, my concern with the perception some litigants may have of the rules of the Labour Court Statutory Instrument 150/2017(the Rules) and how they are applied. I say this in view of the present matter and how it was presented. It is trite that this Court exercises equitable jurisdiction in dealing with matters which are brought before it.
However, this is always done within the confines of both the rules of the Court and the Labour Act Chapter 28:01 ( the... More
This is an appeal against the decision by a designated agent reinstating the respondent (the employee) into his former position with no loss of salary and benefits. The designated agent also ordered the payment of back pay for two different periods and the appellant was not challenging the backpay which relates to the period the respondent was unlawfully dismissed. More
The applicant as farmer and the first respondent as miner lock horns over the exercise of their respective rights on the same piece of land. The applicant occupies a piece of land by virtue of land occupation permit issued to him in 2001 at the height of the land reform programme. The first respondent on the other hand is, on the face of it, the holder of certain mining rights over the same piece of land which it acquired by virtue of a contract to that effect with the fourth respondent. The mining claim was initially registered in the name... More
The Applicants, Obert Madondo N.O., the appointed Corporate Rescue Practitioner (hereinafter referred to as the “CRP”) of Amcast (Private) Limited, and Zimbabwe Diamond and Allied Mineral Workers Union (hereinafter referred to as “ZDAMWU”), have filed an urgent chamber application seeking a provisional order to interdict the Respondents from interfering with the operations of Amcast (Private) Limited ( hereinafter referred to as “Amcast”). The Respondents challenge the urgency of the application and raise several preliminary points in limine. More
The factual background of this matter is that applicant a legal practitioner, practising with Shava Law Chambers felt strongly aggrieved by an incident that happened to him on the 5th July 2023 which then prompted him to file this application. According to him, a certain person known as Tinashe Mazodze called at his Law Chambers where he indicated he wanted to consult him on some legal issues. Applicant was not present at the office, but that notwithstanding the said Tinashe insisted that it is applicant and no other legal practitioner whom he wanted to see. It was then that a... More
This matter was brought as an urgent chamber application seeking a spoliation order following what applicants alleged was forced eviction from premises known as Stand 14432 Salisbury Township which they were letting from the respondent, the National Railways of Zimbabwe, a parastatal. I heard the matter on the merits having made a decision at the hearing that the argument that the matter was not urgent because the applicants had failed to take action between the 29th of December and the re-filing of the application was not sustainable. More
