On second of August 2022, respondent obtained a default judgment against the appellant. The judgment was for the eviction of the appellant from stand number 3723 subdivision C Portion of Haydor Farm Westgate Harare. The appellant had not filed an appearance to defend resulting in a default judgment being entered against her.
It is this default judgement the appellant wanted rescinded by a Magistrate. The court a quo dismissed with costs the court application for rescission of default judgment. The rule nisi for stay of execution was discharged. More
The first applicant, Heal Zimbabwe is a universitas with capacity to sue and be sued. It is represented by its Executive Director, Rashid Mahiya duly authorised by a resolution to that effect made by its board of Directors.
The second applicant is Tonderai Chiwanza, an adult male of Chitungwiza. He described himself as a former councillor for Chitungwiza Municipal Council and a human rights activist with “an inherent interest” in protecting the constitution. More
On the 8th August 2024 Arbitrator NC Mutiba issued an arbitral award in terms of which she ordered applicant to pay respondents retrenchment packages amounting to US$ 28,532.15. Applicant then applied to this Court for the review of the award in terms of Section 89 of the (1) (d1) Labour Act Chapter 28:01 hereafter called the Act. More
This is an application for direct access in terms of s 167(5) of the Constitution, as read with Rule 21(2) of the Constitutional Court Rules, 2016. In essence, the application challenges the decision of the Supreme Court (the court a quo) on the grounds that it violated the applicant’s fundamental rights under ss 56(1), 69(1) and 70(1) of the Constitution, which guarantee the right to equality and non-discrimination, the right to a fair trial, and the rights of an accused person. The applicant contends that the court a quo failed to properly adjudicate the appeal before it and to uphold... More
Applicant applied for leave to appeal this Court’s judgment to the Supreme Court. The application was made in terms of Section 92F of the Labour Act Chapter 28:01, hereafter called the Act, as read with Rule 43 of the Labour Court Rules, 2017. Respondent opposed the application. At the onset of argument applicant made an oral application for condonation. The application was based on submissions by applicant’s attorney to the effect that; More
Appellant was employed by the Respondent at its Mutawatawa District Hospital. Allegations of misconduct were levelled against him and he was brought before a Disciplinary Committee. He was found guilty on two charges and Not Guilty on the other two. One of the charges was withdrawn during the course of the hearing. Appellant is dissatisfied with this outcome and has approached this Court for relief. Appellant’s grounds of appeal . More
This is an appeal against the determination of the Designated Agent of the NEC for the Mining Industry, which determination is dated 30th of August, 2023. The appeal is opposed.
The material background facts to the matter are as follows. The 1st to 9th Respondents were all employed by the Appellant. They were engaged in various work underground and in other areas linked to production underground. They were engaged on the basis of monthly fixed term contracts. They had served for periods ranging for at least a year and above. They were terminated upon effluxion of time of their last... More
