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
This is an application for bail pending trial. It is opposed by the state. The applicant faces one count of murder. It is the state’s allegation that the accused committed the offence with one Cabangani Mathe. In fact, what the state alleges is that accused procured the deceased and handed her over to Cabangani Mathe who took the deceased to a spot in Botswana and murdered her. 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 delay in the handing down of the judgment is sincerely regretted.
The above matters were placed before myself and other judges as individual appeals against decisions made by the Respondent’s Appeals Committee to dismiss the Appellants from employment following their convictions for acts of misconduct. The appeals are all premised on Section 92D of the Labour Act [Cap 28:01]. The matters were all set down for hearing before me during the Mutare Circuit Court on the dates as reflected above. Although submissions were received separately for each matter I have written this one consolidated judgment, in view of the... More
[1] This is a chamber application for the removal of a bar in terms of r 39 of the High Court Rules, 2021. The applicant seeks that the bar in HC 3614/23 (“the main matter”) be removed, and all the pleadings and documents filed after the automatic bar became operational be deemed to be properly before court, and that he be granted leave to file his replication and bundle of documents. 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
