This is an urgent court application for a declaratur. After hearing and considering the evidence and submissions made by counsel, in an ex-tempore judgment I dismissed the application with costs for lack of merit. In a letter dated 12 February 2024 the applicant has requested for reasons for the judgment. More
This is a chamber application for Contempt of Court Proceedings in terms of r 79(1) of the High Court Rules 2021. Sometime in January 2022, the applicant and the respondent entered into an agreement of sale in terms of which the respondent sold to the applicant rights, title and interest in stand 13993 Kuwadzana Extension Harare for USD 17000.00. Having paid USD 15400.00, the respondent became evasive and refused to take the balance of USD 1600.00. More
This is an appeal against the arbitrator’s decision where he ruled that the employer pays the employee only for the days she reported for duty between July 2023 and January 2024, quantify the wages within 14 working days of his order and make the payment within 30 days of the quantification. More
This is an appeal against the decision of the respondent’s employer which resulted in appellant being dismissed from work following allegations of having received money as payment for blood transfused on a patient yet such blood was obtainable for free at the hospital and for having administered the transfusion without following laid down procedure. The attack is both on the verdict and penalty. Respondent employer is opposed to grant of appellate relief citing the fact that no good case for appeal has been made out by the appellant. More
On the 30th March 2023, Applicant in her capacity as a Labour Officer issued a ruling. She dismissed 1st and 2nd Respondents’ (employees) claim of unfair and unlawful termination of employment by 3rd Respondent (employer). Applicant then applied to this Court on 15th May 2023 for the confirmation of her ruling as per Section 93(5a) of the Labour Act Chapter 28:01. The both employees opposed the application whilst the employer supported it. More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. Since the second respondent, the Messenger of Court is cited here in his nominal capacity and did not file any papers, for ease the first respondent shall be... More
