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The issue that falls for determination in this application is somewhat res nova. It is whether the doctrine of vicarious liability applies in contract law to terminate a valid contract on the basis that the breach complained of was occasioned by the employees of the second party. More
Applicant, as its name suggests is a manufacture of wood products. The door manufacturing process called veneering consumes large quantities of glue. This glue is made from urea resin, water and a hardener. At importation the urea resin is in powder form. Applicant imports the urea resin from Dynea Wood and Speciality Adhesives of Norway and Saudi Arabia. The trade name for urea resin is Aerolite FFD when manufactured in Norway and Dynorit L-530 when manufactured in Saudi Arabia. Its chemical name is urea formaldehyde polymer. The chemical formula is expressed as C-H4-N2-O.C-H2O. In simple language it is a polymer... More
At the hearing of this matter the applicant raised three points in limine against the 1st and 2nd respondents and moved that they should remain barred and judgment be granted in his favour against them as prayed.
The first issue was that the 2nd respondent filed its opposing papers out of time and was automatically barred. It should have applied for the upliftment of the bar but it did not. It was served with the court application on 16 December 2003 by the Deputy Sheriff. The dies induciae expired on 5 January 2004. The 2nd respondent only filed its notice... More
The applicant is a businessman and commercial farmer. He also holds the post of Minister of Finance. He has been remanded in custody since 26 April 2004, pending his trial on four counts of contravening section 5 of the Exchange Control Act [Chapter 22:05] and one count of contravening section 21 of the Citizenship Act [Chapter 4:01]. More
1 The applicant and 17 other employees of the City of Harare were suspended from duty on 24 June 1999, following the findings of a committee of inquiry duly set up by the Minister of Local Government and National Housing (“the Minister”), in terms of the Urban Councils Act [Chapter 29.15], (‘the Act”).
2 At the time of the suspension of the applicant and the other employees, the affairs of the City were under the management of a Commission headed by one Elijah Chanakira, and appointed by the Minister on 8 March 1999 in terms of section 80 of the... More
CLEMIO MACHINGAIFA AND CHENJERAI MUTAMBISI VERSUS AGRICULTURAL BANK OF ZIMBABWE LIMITED (2005-07-13)
The applicants in this matter seek an order in the following terms -
"It is ordered that: -
(1) it is hereby declared that clause 3 of the employment contracts between respondent and applicants entitling applicants to payment of a mileage allowance based on mileage of 4 000 kilometre per month at applicable standards AAZ rates remains part of the contracts between the parties. Accordingly the applicants are entitled to payment of such allowance;
(2) respondent pay the outstanding allowance to the applicants inclusive of interest at the prescribed rate from the date the allowance became due to date of... More
1. The applicant as its name implies, is a trade union, duly registered in accordance with the laws of the country, to represent the interests of the workers in the communications and related industries. The respondent is a provider of communication services. Its employees are members of the applicant.
2. On 6 October 2005, the employees of the respondent went on strike after giving the employer notice of their intention to do so.
3. When served with the notice of intention to go on strike, the respondent applied to the Minister of Public Service, Labour and Social Welfare for a... More
