Apart from remedying the court a quo`s misdirection, this judgment restates three basic matters. Firstly, the procedure to follow in taking a plea of guilty in the magistrates` court in terms of sections 271 (2) (b) of the Criminal Procedure and Evidence Act [ Chapter 9:07] (“the CPE Act”). More
: The common cause facts resulting in the arraignment of the accused are that, on the 28th of March 2024 on the night of the murder, the accused visited the crime scene, Dandy 59 Mine, Kadoma, where the key State witness and his wife resided. He arrived after the deceased, Calisto Mutami, and his two friends had already arrived at this residence. The owner of the residence, Ntonio Yotamu, knew both the accused and the deceased, as both were artisanal miners at Inezdale Village. Yotamu was the holder of some mining rights, and his mining compound was his home and... More
DUBE-BANDA J:
[1] This is a summary judgment application. At the moment this matter was called out, Mr Gumiro counsel for the respondents stood up intending to raise some preliminary issues for consideration by the court. Ms. Mahere counsel for the applicant objected indicating that counsel for the respondents had no right to begin. However, I allowed Mr Gumiro to place on record the preliminary issues he sought the court to consider.
[2] Mr Gumiro raised two preliminary issues; the first was that the seventh respondent is now deceased and no executor has been appointed to be substituted for him... More
The plaintiff sued the defendant for breach of contract. In its plea the defendant has raised an objection that the matter ought to be referred for arbitration as per agreement of the parties. That objection has been resisted by the plaintiff who also fights back that the objection was not raised procedurally. More
This is an appeal against the decision of the appeals officer in a labour dispute pitting appellant employee and the respondent employer.
Facts of the matter are that the appellant who was in the respondent’s employ as a driver trainer was brought before a disciplinary committee to answer to charges of gross incompetency or inefficiency in the performance of his work. It was stated that the appellant had not been retested and that militated against him partaking duties that could require him to go to South Africa. Following the disciplinary hearing, he was dismissed from employment. He appealed internally without... More
The respondent is a company registered in terms of the laws of Zimbabwe. The appellant is a male adult who was formerly employed by the respondent as an international truck driver. On 3 August 2021, the appellant was arraigned before a Disciplinary Committee facing misconduct charges of gross negligence as defined in para 2.3.1 of the Employment Code of Conduct for the Transport Operating Industry (‘the Code ‘). The allegations were that between 3 May 2021 and 5 July 2021, while driving on duty, the appellant lost 528 litres of diesel due to gross negligent driving. The appellant failed to... More
This is an application for absolution from the instance made by the defendants at the close of the plaintiff’s case in terms of rule 56(6) of the High Court Rules, 2021. The plaintiff opposed the application More
