Court Judgements
The applicant is a political party registered in terms of the laws of Zimbabwe. It sought to participate in the 2013 harmonised elections. The Constitutional Court had, in Mawarire v Mugabe N.O. and Others CCZ 1/13, held that elections must be held before 31 July 2013 More
Applicants seek for the placement of the first respondent under corporate rescue in terms of s121 (a) financially distressed, it having failed to pay accounts in terms of its obligations, and that justice and equity requires that first respondent be resuscitated or rescued given that there are reasonable prospects for such rescue. (i) (ii) (iii) of the Insolvency Act (Chapter 6:07) as read with s124 and 131, on the grounds that it is
First respondent opposes the application on the basis that it is not in financial distress, it having paid off all its creditors, and its board is now... More
Applicant applied to this Court for the reinstatement of a abandoned matter i.e. LC/H/LRA/826/18. At the onset of oral argument 2nd Respondent raised a 2 points in limine which Applicant opposed. More
The application before me is a rei vindication action brought by the applicant against the respondent. The applicant desires an order from this court ordering the respondentto return two motor vehicles to it, viz a Nissan Sunny FB 14 1996 model bearing registration No. 829 – 998 W and a Nissan Sunny HB 12, bearing registration Number 505 – 933 B.
Two notable positions or defences come out of the respondent’s opposing affidavit and poorly drafted heads of argument. The respondent has argued that this court does not have the jurisdiction to meddle itself in labour-related disputes as he perceives... More
In the present matter an appeal and a review application were noted on 26th June 2012. On 17th December 2012 a notice of response was issued by the Registrar. Thereafter nothing seems to have happened from the applicant/appellant’s side. The applicant/appellant did not file the requisite Heads of Argument. On 9th September 2013 the 1st respondent made an application for the dismissal of the appeal in terms of Rule 19(3). The respondent was entitled to do so. Rule 19(3) provides;
“(3) Where heads of argument that are required to be lodged in terms of sub rule (1) or (2) are... More
This is an appeal against an arbitral award by Honourable B Mapisaunga
handed down on the 24th day of June 2012.
The background to this matter is that Appellants Moses Rushwaya, Biggie Mupanguri, Hitler Size, Patrick Chahwanda, Alfeyo Maxwell, Success Jonasi, WalterChigunda, James Gatsi and TinarwoKaponda were at all material times employed by Respondent on fixed term contracts terminating on 31st May 2011. Respondent is a non governmental organisation engaged in non profitactivities and dependent on donor funding for its activities. Appellants had been employed for varying periods from 1 year to 9 years on fixed term contracts which had... More
Respondents were employed by Appellant as engineers and managerial employees. In April 2012, the Respondents were served with transfer letters which they challenged resulting in an award being made by Arbitrator Shawatu on 9th May 2012 which was to the effect that:
“- the Respondent (Appellant) is hereby ordered to consult the claimants first concerning their wishes, concerns and personal circumstances, regarding the transfers before a discretion to transfer is made.
- The Respondent is further ordered that the decision to transfer the claimants
they had made is invalid and therefore without force or effect for the decision was made... More
