This is an appeal against the arbitrator’s award of 5 November 2024 which set
US 54 000 as the value of the motor vehicle benefit which should be given to the respondent employee by the appellant employer.
The background facts of the matter are that, the respondent lost his job with the appellant when he had not been given a motor vehicle which he was supposed to get as part of his benefits. The appellant offered him US 20 000 as the car benefit but he did not accept that. This led them to appear before the arbitrator who ruled... More
The Applicant, in his capacity as the Executor Dative of the estate of the late Mr. Julian Sylvestre Zijena (“the Deceased”), seeks a declaratory order in terms of section 14 of the High Court Act [Chapter 7:06]. His core prayer is that this Court should declare that the 1st Respondent, Mr. Ashton Mudzingiri, has no claim to a certain immovable property belonging to the deceased estate—namely, Lot 4 of Subdivision O of Christmas Gift, Gwelo District (“Lot 4” or “the property”). Additionally, the Applicant asks the Court to compel the 2nd Respondent, City of Gweru, to proceed with a consolidation... More
This is an application for rescission of a judgment entered in default on the 12th of September 2024, under Case No. 3413. The application is made in terms of 29(1) of the High Court Rules, 2021.
The terms of the final order which is sought to be partially rescinded are as follows:
1. First respondent be and is hereby ordered to make joint efforts with applicant to ensure that title for Lot 1A Johannesburg Farm situated in the district of Chegutu is passed to second respondent.
2. First respondent be and is hereby ordered to ensure that the second respondent... More
The Plaintiff and Defendant were married on 3 January 2007 under the then Marriage Act [Chapter 5:11] now the Marriages Act [Chapter 5:17]. No children were born out of this union. On 23 November 2021, the Plaintiff sued out summons claiming a decree of divorce and ancillary relief. In her declaration, she stated that the marriage between the parties has irretrievably broken down, and there are no reasonable prospects of restoration of a normal marriage relationship. She proposed that movable properties including the motor vehicle bought during the subsistence of the marriage be sold and the proceeds be shared equally.... More
DUBE-BANDA J:
[1] The applicant seeks a declaratory order to the effect that she is the lawful and sole owner of stand number 1025 Strathaven, Harare, (“stand”) and that any sale or disposal of the stand unlawful, null and void.
[2] The application is opposed by the first, third and fourth respondents. The third respondent is Milivic Housing Trust for convenience it shall be hereinafter as the “Trust”. The second respondent (“Makari James”) filed an affidavit, whose net effect is in support of the application. After hearing arguments and at the stage of writing this judgment, it occurred to me... More
: This application was placed before me as one for the suspension of a sale in execution in terms of R71(14) (a) of the High Court Rules of 2021. It is trite that such an application is treated as an urgent matter. Upon receipt, I caused the matter to be set down for the 28th of March 2024. However, by the date of set down, the applicants’ legal practitioners had renounced agency. The first applicant at the hearing made an application for a postponement of the matter on the grounds that they no longer had legal representation and required time... More
The Applicant, an employee of the Respondent, PetroZim Line (Pvt) Ltd, was dismissed from employment following a disciplinary hearing on June 21, 2022. The Applicant successfully challenged the process leading to his dismissal in a review application under case reference LC/H/534/22. This court effectively set aside the initial disciplinary proceedings on grounds of procedural irregularities. The Respondent was directed to convene a hearing denovo within 60 days of the court order, pending which the Applicant was to revert to suspension with salary and benefits. On July 4, 2024, the Respondent issued a notice of a fresh disciplinary hearing scheduled for... More
