Court Judgements




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TN ASSET MANAGEMENT APPELLANT VESUS MARY MBEWE RESPONDENT (2020-01-10)
This is an appeal against an arbitral award handed down per Honourable B. Mudiwa, Arbitrator on 31st August 2015, which award directed Respondent’s reinstatement into her original position or in the event of her reinstatement being untenable payment of damages in lieu of reinstatement. More

TONDERAI EVIDENCE KARIDZA APPELLANT VERSUS MINISTER OF PRIMARY AND SECONDARY EDUCATION PUBLIC SERVICE COMMISSION (2020-12-04)
This is an appeal against the 1st respondents’ decision convicting the appellant of misconduct and imposing a penalty of dismissal. This was after disciplinary proceedings had been conducted against him. The following are the grounds of appeal. “1. The Disciplinary Authority erred at law in finding Appellant guilty of proposing love to Gracious Manguwo whereas the evidence of the alleged text messages was not availed. 2. The Disciplinary Authority further erred in relying on the single testimony of Gracious Manguwo which was not corroborated and substantiated. 3. The Disciplinary Authority further erred in believing the testimony of Gracious Manguwo that... More

TONDERAI MAKOMBE AND JESKA CHIRATIDZO MHLANGA (2020-07-23)
On 30 December 2019 the respondent approached Rusape Magistrates’ court applying for an Interdict. She sought the following order. “1. Application for interdict be and is hereby granted as prayed for. 2. Respondent is hereby interdicted from entering, disturbing applicant’s farm activities at Plot No. 12 Sable Range Zingondi, Rusape and should stop causing havoc at the same plot. 3. Respondent should pay costs.” Applicant sated in her affidavit in support of the application that she is the lawful occupier of Plot No. 12 Sable Range. She attached an illegible permit or certificate of occupation as well as receipts issued... More

TONDERAI MUTSAGO APPLICANT AND DANHIKO PROJECTS TRUST 1STRESPONDENT L.BVUTE & 47 OTHERS (2020-07-17)
This is an application for confirmation of a ruling by a Designated Agent. The ruling was made after a certificate of no settlement was made. The Designated Agent relied on claimant and Respondent’s written submissions. When the parties appeared before this court they indicated that they were not opposing the application. Mr Tundu indicated that he had not filed the notice of opposition and heads of arguments. He then applied for condonation of late filing of the notice of opposition and heads of arguments. This court dismissed this application because despite being served with the notice of application in August... More

TONDERAI MUTSAGO N.O. APPLICANT VERSUS ZIMBABWE HUMAN RIGHTS ASSOCIATION 1ST RESPONDENT JULY CHIMUTSANYA 2ND RESPONDENT (2020-12-04)
This is an application for confirmation of a draft ruling and order. It is being brought in terms of section 93 (5a) (a) and (b) of the Labour Act [Chapter 28:01]. Both respondents oppose its confirmation but for different reasons. The first (1st) Respondent’s prayer is that the ruling by the applicant be set aside and be substituted by a finding that the 1st Respondent pays the 2nd Respondent the amount of USD $383-00. The 2nd Respondent says that the application be dismissed with costs on the punitive scale and such costs to be borne by the 1st Respondent and... More

TONDERAI MUTSAGO N.O. APPLICANT TREASURE TROVE ACADEMY 1ST RESPONDENT SITAWA WILO 2ND RESPONDENT (2020-02-28)
On the 12th April 2020, applicant in his capacity as a Designated Agent, filed an application for condonation in this Court. 1st Respondent (employer) opposed the application. 2nd Respondent (employee) supported the application. The background is stated herewith. Applicant is a Designated Agent for the NEC for Welfare & Educational Institutions. In that capacity he dealt with a dispute between the employer and the employee. On the 3rd October 2018 he made a ruling. He ordered the employer to reinstate the employee or pay him damages in lieu of reinstatement. More

TONGAI SVOSVE VERSUS THE OFFICER COMMANDING POLICE SERVICE (ZRP) MASVINGO AND THE COMMISSIONER GENERAL OF POLICE SERVICE (ZRP) (2020-07-31)
On 15 May 2020 I granted an application for a provisional order temporarily staying the transfer of the applicant (who is a serving member of the Zimbabwe Republic Police) from Chivi Traffic Section to Mkwasine Police station. The confirmation, variation or discharge of the provisional order on the return date was dependent upon the respondents furnishing what was termed "lawful, good and sufficient" reasons for so transferring the applicant. More


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