The applicants approached this court seeking the review of the first respondent’s decision to allocate a piece of communal land in Wada Nhira Village, Chief Neshangwe, Chikomba District of Mashonaland East Province to the third respondent. The application was made in terms of s 4(1) of the Administrative Justice Act [Chapter 10:28] (the AJA). More
On 22 January 2025 Applicant applied to this Court for condonation of a belated appeal.
The application is provided for by Rule 22 of the Labour Court Rules, 2017. Respondent opposed the application..
Applicant’s founding affidavit stated that; More
At the onset of oral argument in this Court, the both parties raised points in limine. Appellant’s points mainly attack the validity of the Response filed on behalf of respondent whilst respondent’s points attack the validity of the appeal. The Court is sitting as a result of the appeal filed by appellant. If the appeal is invalid as argued by respondent then all the other points fall away. This is because the Court’s jurisdiction is triggered by the filing of a valid appeal. As a result the Court will consider respondent’s points first. More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
This is an appeal at the instance of the employer and a cross appeal at the instance of the employee. These appeals arise out of an arbitral award which dismissed the employee’s claims of unlawful dismissal, compensation for use of own motor vehicle and refund of tax irregularly deducted. The same award allowed the claim for underpayment of wages and medical aid benefit. The employer is aggrieved by the award of the underpayment of wages and medical aid claim. It to that end prayed that, paragraphs granting that relief be set aside and be substituted with a dismissal of those... More
In this action matter, the plaintiffs (the Kudyas) seek transfer of property known as Stand 2994 Prospect Township of Stand 322 of Prospect measuring 4026 square metres purchased in 2004 from the first defendant, Agson Afuta Chioza in 2004. The evidence, on behalf of the plaintiffs, was given by his wife Abigail Kudya. This was under a power of attorney given by her husband Tamuona Luxton Kudya. She is also the second plaintiff. More
The matter before the Court is a special case provided for in terms of r52 of the High Court Rules, 2021. The issue in dispute relates to the waiver of the plaintiff’s right to repayment of a debt in foreign currency arising from an unfulfilled contractual agreement with the defendant. More
