The delay in hand down of the judgement is sincerely regretted. This is an application for quantification of back pay/salary arrears and benefits. The application was filed pursuant to a judgment of the Supreme Court handed down on 24th November. The Supreme Court, through the judgment, allowed with costs the appeal against Applicant’s dismissal. As a result the court set aside and substituted this court’s judgment as well as the hearing officer’s determination of guilty on the charge as levelled. The Applicant was to be reinstated to his original position without loss of salary and benefits from the date of... More
This is an appeal against the respondent’s dismissal of the appellant from its employ.
At the commencement of the hearing a point in limine was raised on behalf of the appellant. The point was that there was no company resolution authorizing one Takunda Timbe to depose to the opposing affidavit filed on behalf of the respondent. The respondent too had preliminary issues for consideration by the Court. These had to do with propriety of the grounds of appeal and the appellant’s prayer. These will be considered after the one raised on behalf of the appellant has been considered. More
This is an application by the applicants seeking condonation of late noting of an application for recession of court order number LC/H/ORD/98/15.
The applicants in their draft order however seek not only the setting aside of LC/H/ORD/98/15 but also the setting aside of a judgment in case number LC/H/28/2017 and awards by arbitrators who had also dealt with the matter before it was placed before the Labour Court. More
The applicant seeks to be released on bail pending trial. The application is in terms of section 117 A of the Criminal Procedure and Evidence Act. He is facing a charge of robbery and murder. He is jointly charged with 4 others. It is alleged that on 21 July 2024 at 2200 hours, the crew proceeded to rob Pangani Central Mine in Filabusi and that they were armed with axes, catapults, machetes and knives. It is alleged that they met resistance thereat which led to clashes culminating on the death of the deceased Luckson Phiri. The State alleges that the... More
The appellant appeals against the dismissal of his appeal against conviction and sentence by the High Court (“the court a quo”) on 21 May 2019. On 11 July 2016, the appellant was convicted by a Regional Magistrate (the trial court) at Harare of one count of rape. He was sentenced to 14 years’ imprisonment of which 4 years imprisonment was suspended for 5 years on the customary conditions of future good conduct. Dissatisfied, he unsuccessfully appealed to the court a quo, against both conviction and sentence. More
This is an interlocutory appeal against the judgment of the High Court (“the court a quo”) dismissing the appellant’s application for recusal of the presiding judge in the court a quo. The appeal is brought without leave as the question of leave does not arise. This is because the dismissal of an application for recusal has the effect of a final and definitive order. In Moch v Nedtravel 1996 (3) SA 1 (A) the Appellate Court held that no leave is required in such an interlocutory appeal. No issues arise from that observation in this case. I therefore proceed to... More
[1] On the17th of March 1997 applicant entered into a lease agreement over property stand number 3608 Mzari Extension, Chinhoyi with the first respondent.
[2] An agreement of sale of the same property was transacted the following year on the 13th of March 1998 after the payment of an agreed deposit. More
