1. This is an appeal against part of the judgment of the Labour Court (the court a quo) handed down on 13 March 2023 which upheld the respondent’s application for review of the decision of the appellant’s Disciplinary Tribunal (the Tribunal) dismissing her from employment and ordering her reinstated to her former position of employment without loss of salary and benefits. More
This is an opposed application for condonation and extension of time within which to apply for leave to appeal and for leave to appeal made in terms of s 92F (3) of the Labour Act [Chapter 28:01] as read with r 43 (3) and 60 (2) of the Supreme Court Rules 2018. More
MANYANGADZE J: This is an application for a declaratur, in which the applicant seeks an order declaring that its indebtedness to the respondents has been fully extinguished. The application arises out of a Labour Court judgment, LC/MS/09/18, handed down on 7 June 2018, in terms of which the applicant was ordered to pay the respondents certain benefits accruing from their contract of employment with the applicant. More
Compliance with court orders by some government officials acting in their official capacity is often problematic. This is despite the constitutional provision that obligates all citizens and state entities to observe the rule of law. This case is a clear example of reluctance to comply with a court order. This application is premised on the allegations that the first respondent defied an extant order of this court necessitating filing of the application for contempt of court in terms of r79 (1) of the High Court Rules, 2021. More
This matter came before me as a Chamber Application by the Applicant seeking leave to file a Supplementary Affidavit in interpleader proceedings currently pending under Case No. HCH 53/25. The application was opposed by the third Respondent More
The applicant approached this court seeking temporary relief for stay of execution of an order granted by this court per CHINAMORA J pending the confirmation or discharge of the provisional order that it seeks before me. On the return date, the applicant also seeks by way of substantive relief, that the execution of the CHINAMORA J order be suspended pending the determination of an application for leave for direct access that was made to the Constitutional Court. More
This is an application for the rescission of a default judgment granted by this court on 22 November 2023, under HCH 6544/23. In that matter, the respondent herein was the plaintiff, while the second applicant was the defendant. The court ordered that the defendant and all those claiming occupation through him must vacate a property known as Stand 41 Hessel Road Carrick Creagh Harare (the property) within ten (10) days of service of the order. The court further ordered that in the event that the respondent and all those claiming through him failed to comply with the directive to vacate... More
