On 25 January 2024, the parties appeared before me in an application for rescission of a default judgement. I dismissed the application. The applicant requested that I give reasons for my order and these are they.
Background facts
the applicant employed the respondent before preferring charges of misconduct against him. He was charged and found guilty and dismissed from employment. The respondent was aggrieved with the outcome of the disciplinary proceedings the respondent noted an appeal to the labour court. This was on 27 April 2023. The notice of appeal was served on the applicant’s office on 4 May 2023 More
The applicant and the father of the child Lawrence Mungwari who was the second respondent in the application, are brother and sister. The applicant averred that she has been supporting her brother to look after his child F. T. M. who was born on the 29th of December 2008. Her application was for full guardianship or in the alternative joint guardianship because her brother Lawrence cannot afford to look after the child. The application was also made on account that there are better educational opportunities for the child in the United Kingdom, were applicant to be given guardianship since that... More
This is a chamber application. The applicant, in her capacity as an aunt to B.U.M. ("minor child") instituted this application seeking to be declared the sole guardian and custodian of the minor child. The child is four years old, having been born on 15 February 2020. In support of the application, the applicant filed a founding affidavit, supporting affidavits and a number of documents. More
The applicant is Prodigy Chinanga a male adult of Harare. The respondent is Stanbic Bank Ltd a registered commercial bank operating in Zimbabwe. The brief background to the application is that the applicant and the respondent were employee and employer. The applicant was employed as a reconciliation officer for nine (9) years from 2023 to 1 November, 2022. In the course of the employment relationship, the applicant was charged with an act of misconduct, the gravamen of which the applicant was accused of downloading and installing an unauthorized software on his laptop. The applicant was found guilty and dismissed from... More
Applicant is a real estate firm and respondent its former client. Applicant seeks an order for specific performance directing respondent to pay an amount of US$ 20,037,50 being the sum allegedly due under a realtor`s mandate. Respondent contests the relief sought on the basis that applicant failed to deliver on that mandate. More
1. That the Notice of Response is fatally defective for want of form:
Rule 19(2) of the Labour Court Rules, 2017 requires a party to file his response in the prescribed form called LC2. Appellant alleged that the Response in casu does not comply with the requirement. A comparison of the response and Form LC 2 shows that the only difference is absence of the inscription “LC2” at the top right corner. The inscription is meant to identify the forms in the Rules.
It is not necessary that a party’s response in their pleadings be inscribed by the Form’s notation.... More
This is a ss79 and 80 of the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (“the Money Laundering Act”) application for the civil forfeiture to the State of ZWL$1436 500 and a white Honda Airwave Registration number AFD 1898 (“the motor vehicle) More
