I heard the case which relates to the defendant’s special pleas on 5 June, 2024. I delivered an ex tempore judgment in which I dismissed the special pleas with costs.
On 12 June, 2024 the defendant wrote requesting reasons for my decision. These are they:
The defendant was working for the plaintiff which allocated to him house number BB 146, Maglass Township, Zvishavane (“the property”) as his condition of service. He resigned from work on 13 February, 2013. He, in terms of the plaintiff’s policy, was allowed to remain in the property for ninety (90) days during which period he... More
this is a landlord and tenant dispute. Plaintiff entered into a written lease agreement with an entity identified therein as “Treat and Company”, on 1 November 2020. It is not in dispute that an entity named Treat and Company (Pvt) Ltd, the present objector, took occupation of the premises known as Shop Number 5, Rolf Valley Shopping Centre, in Rolf Valley, Harare at a monthly rental of US$2,600.
[7] Plaintiff avers that defendant defaulted in rental payments for the period April to December 2021 accumulating arrears in the sum of US$18,360. Plaintiff instituted present proceedings seeking a recovery of that... More
This is an application for condonation of late noting of an appeal. The background to the matter is that appellant who was in the respondent’s employment was charged with acts of misconduct and taken before a disciplinary committee which found him guilty of the misconduct and dismissed him from employment. He lodged his appeals internally without success. He then appealed to the labour court within the time lines set out by the rules but ended up withdrawing that appeal after the employer successfully challenged some of the appeal grounds which he had placed before the court. He is still desirous... More
The salient facts upon which this application must be determined are common cause. The applicant is the Executrix Dative of the estate late Memory Ngwenya who passed away on the 18th of July 2021. She was appointed to that office on the 18th of November 2021. During her lifetime, the late Memory Ngwenya had been the sole shareholder and secretary of the 1st respondent company. She was one of the two directors of the 1st respondent. After her demise, there was a Curator Bonis who was appointed by the Master of High Court to prepare a report about her assets. More
This is an appeal against the respondent’s employer’s decision which resulted in appellant losing her job following allegations that she had performed her duties below what was expected of her by letting 10 000 pens leave dispatch without proper invoicing and 40 rulers also leaving without proper invoicing. The appellant’s contest is on 2 fronts that is she contests the guilty verdict and she also contests the dismissal penalty. More
This is an application for condonation for late noting of an appeal at the instance of the applicant employer. The background facts are that, the respondent employee who was in the applicant’s employment as a location accountant, was charged with dishonesty and being an accessory to bribery, bribing or attempt thereof and professional misconduct in relation to the aspects of work in contravention of the S.O.S employment Code of Conduct. More
The matter was referred to the designated agent to deal with claims raised by the appellant’s employees. The employees were employed in various capacities. The employees alleged that they had their contracts of employment unfairly terminated by the appellant, further, the employees alleged that they were being underpaid. More
