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The 4 applicants are secondary school teachers who, until recently, have been employed as such at Prince Edward School in Harare. The first applicant joined that school on 1 January 2008 as a mathematics teacher, the second applicant joined on 1 January 2005 as a history teacher, the third applicant joined on 1 August 2008 as a music teacher and the fourth applicant joined on 8 September 2008 as a music teacher before being moved to the English Department. More
On 29 April 2010 and in case number HC 2816/10 the applicant instituted action proceedings against the respondents claiming the sum of GBP 39 848-00, interest on that amount at the prescribed rate from date of summons to date of payment in full and costs of suit on a legal practitioner client scale and collection commission. The defendant filed a Special Plea and Exception. There was no response to theSpecial Plea and Exception. The defendants proceeded to set the matter down on the unopposed roll. On 11 August 2010 the Special Plea and Exception were upheld and the plaintiff’s claim... More
The following factual background is common cause:-
- that Appellant had been in Respondent’s employ for 16 years and at the time the issue giving rise to this appeal arose, he was based at Respondent’s Marondera branch.
- that on or before the 16th May 2011 Appellant and Respondent’s General Manager Mr Madovi had some discussion which led to Appellant verbally tendering his resignation from Respondent’s employ
- that on the 16th May 2011 Appellant reduced the verbal resignation into writing.
- that on the same day the 16th May 2011 the General Manager Mr Madovi went to Marondera where... More
Appellant appealed against his dismissal from employment by Respondent. His papers complained about both procedure and the merits. Respondent opposed the appeal.
However in the course of oral argument, Respondent made two concessions. Firstly it abandoned its argument based on the distinction between an appeal and a review. It was obvious that Appellant intended to file an appeal-cum-review. As a lay person, he could not be expected to draft his papers with the precision of an attorney. On that basis, I consider Respondent’s concession as well-made. Respondent also conceded that the charge of assault had not been sustained. This was... More
On 14 June 2013, I granted the applicant leave to file an additional supporting affidavit in the matter which was before me; an application for rescission of judgment and upliftment of bar. Advocate Mpofu for the first respondent immediately expressed displeasure with my ruling and sought leave to appeal to the Supreme Court against the interlocutory order I had granted. I granted the applicant leave to appeal and indicated that I will give my reasons for allowing the filing of an additional supporting affidavit by the applicant. I now proceed to do so. More
Applicants have approached this Court for rescission of the judgment granted in favour of Respondent on 28 January, 2013. Applicants allege that they were not aware of the Court date as they were not served. The application for rescission was made on 25th February, 2013 but has managed to be heard some eight (8) months later. This speaks volumes on the administration of justice and what the beneficiaries of the system must think of it. More
Appellant was Headmaster of Borrowdale Primary School having taken over in November 2009, He was charged with several counts of a misconduct and the Disciplinary Authority deemed it fit to impose a penalty of dismissal. The Disciplinary Committee had however recommended that he be fined USD200.00 to be deducted in two instalments and further that he be warned and cautioned. He is dissatisfied with both the conviction and penalty and seeks redress in this Court. More
