Court Judgements
The order sought in this matter is that First Defendant’s Special Plea be and is hereby upheld and that the Plaintiff’s claim is dismissed with costs on a legal practitioner and client scale.
In the main action, Plaintiff claimed the eviction of First Defendant and all those claiming occupation through him from stand number 905 of Newark of Hilton of Subdivision A, Waterfalls, Harare. He also claimed damages in the sum of USD 2500.00 for future demolition and removal of structures constructed by First Defendant on the property. More
This is an application for a review of the proceedings held before the Respondent. Applicants are seeking an order quashing the proceedings and that fresh proceedings be held before an independent Labour Officer of Arbitrator. At the onset of the proceedings the Respondent’s Counsel raised a point in limine that there was no proper application before me. I dismissed that the application and indicated reasons would follow alongside the main judgment. More
is an appeal against the decision of the National Employment Council Appeals Board of the banking undertaking (the appeals board) by the Appellant (the employer). The Respondent noted a cross appeal. These proceedings are to determine both the appeal and the cross appeal.
For ease of reference, the parties will be referred to as the employer and the employee.
The Brief background is that the employee was employed at the Masvingo Branch of the employer as a vault/strong room dual custodian. He was charged with misconduct it being alleged that he had contravened a category ‘D’ clause 11 (1) offence,... More
The applicant was arraigned before a regional court facing a charge of fraud as defined in s 136 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. He pleaded not guilty but was convicted as charged. He was sentenced to 4 years imprisonment of which 1 year imprisonment was suspended for 3 years on the usual conditions of good behaviour and a further 2 years suspended on condition he made restitution to the complainant in the amount of US$65 000 on or before 31 March, 2011. He thus would serve an effective 1 year imprisonment. More
This matter was placed before this court in terms of Order 32 r 5 (5) of the Magistrates Court (Civil) Rules, 2019 (the Rules). It is a spin-off from a matter that was determined by the court a quo, in which the applicant herein was the defendant and the first respondent herein was plaintiff. The matter concerned some claims that were made by the first respondent against the applicant in the court a quo, in connection with a lease agreement that subsisted between the parties. The court found in favour of the first respondent and ordered the applicant to pay... More
This court reserved judgment on point in limine and merits on the
16 September 2013 after the respondent through its lawyers Mr A Mugandiwa had raised a point in limine. The respondent submitted that the grounds of appeal that the appellant had raised were of fact and not law. On the other hand the appellant told the court that the issues that had been raised were points of law and that this court had to deal with the merits of the appeal. More
This is an appeal against an arbitral award in favour of the Respondent. Respondent was employed by the Appellant as a Site Quantity Surveyor on 17th February 2012. It is alleged the Respondent stopped going to work in March 2013. In June 2013 he reported for work and demanded his salary. Appellant contended that Respondent had repudiated his contract of employment by failing to report to work. On 6th June 2013 Respondent’s contract of employment was terminated. More
