OBERT TAFADZWA CHARAMBA versus STATE

Harare High Court · HH 429-21 · 09 2021

The appellant appeared before the magistrate sitting at Beitbridge, facing a charge of Criminal abuse of duty as a Public Officer as defined in s 174 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant…

DZUDA ZVIDOZVASHE versus THE STATE

High Court of Bulawayo · HH 513-21 · 08 2021

The applicant filed and argued this bail application as a self-actor. The arresting detail and the investigating officer adduced evidence for the respondent. The former opposed the applicant’s release on bail while the latter consented to the same. Counsel for…

SHERIFF OF THE HIGH COURT OF ZIMBABWE Versus RHA TUNGSTEN MAURITIUS LIMITED And J.R GODDARD CONTRACTING (PRIVATE LIMITED

Bulawayo High Court · HB161-21 · 08 2021

TAKUVA J: This is an interpleader application filed by the applicant in terms of Order 30 rule 205A as read with rule 207 of the High Court Rules, 1971. FACTS The judgment creditor obtained judgment in case No. HC 10259/19…

BRITISH AMERICAN TOBACCO ZIMBABWE APPLICANT HOLDINGS LIMITED AND JONATHAN CHIBAYA

Labour Court · LC/H/APP/345/202024 · 08 2021

After hearing argument from both parties, I delivered judgment extempore, dismissing the application. This is the full judgement. Before the court is an application for condonation of late noting of an appeal and late filing of an application for review.

LIFE SHUMBA versus THE STATE

Masvingo High Court · HMA 44-21 · 08 2021

The marauding highway robber has been dubbed the modern-day pirate. As with his yesteryear buccaneer counterpart, hismodus is to target travellers, particularly those he believes to be in possession of valuable items or cash and use brute force to wrest…

STOUT MBANO versus BRIGHTON GUMBOCHUMA (In his capacity as Executor Dative of the Estate Late William Mirirai Gumbochuma) and MINISTER OF LOCAL GOVERNMENT, PUBLICWORKS & NATIONAL HOUSING

Harare High Court · HH 439-21 · 08 2021

The plaintiff seeks the eviction of the 1st defendant and all those claiming occupation through him from residential premises known as Number 2312 Msasa Drive , Marlborough, Harare ‘hereinafter referred to as the property’ . He also seeks costs of…

PRINCE MUTIKANI and LUCKSON MUKACHI and AMOS DHANI and SIMBARASHE MANZUNZU versus THE STATE

Harare High Court · HH 438-21 · 08 2021

This is an appeal against magistrate’s refusal to grant bail in terms of s 121(1)(b) of the Criminal Procedure and Evidence Act [Chapter 9:07]. In appeals such as this one, an appellate court will only interfere with the magistrate’s decision…

MORGEN CHIWUNDURA and OBERT CHIWUNDURA and LANGTON MAENZANISE versus THE STATE

Harare High Court · HH 437-21 · 08 2021

The three applicants were arraigned before the Magistrates Court on three (3) counts of robbery. They applied for bail pending trial. The National Prosecuting Authority filed a response to the application in which it is not opposed to the granting…

WALTER NYAUNGWA versus JEFFM AUCTIONS (PVT) LTD and FORESTRY COMMISSION

High Court of Mutare · HMT 50-21 · 08 2021

Sometime in July 2021 Jeffm Auctions (Pvt) Ltd (first respondent) placed advertisements in the media informing interested parties about a pending public auction to be conducted on behalf of Forestry Commission (second respondent) on 24 July 2021. On offer were…

NEBETH NYIKADZINO APPLICANT versus NEC AGRICULTURAL INDUSTRY RESPONDENT

Labour Court · LC/H/APP/246/20 · 08 2021

This is an application for condonation of late noting of an appeal. The application stems from the determination of a workplace Disciplinary Authority appointed in terms of the Labour (National Employment Code of Conduct) Regulations, Statutory Instrument 15 of 2006,…

SHELTER KACHIRIKA APPLICANT versus JUDICIAL SERVICE COMMISSION RESPONDENT

Labour Court · LC/H/APP/167/20 · 08 2021

This is an application for condonation of late filing of an appeal. The application arises out of a determination handed down by the respondent’s Disciplinary Authority on 6 August 2019

LOVEMORE PHIRI Appellant Vs DELTA BEVERAGES (PRIVATE) LIMITED Respondent

Labour Court · LC/H/APP/121/20 · 08 2021

Appellant was in respondent’s employ as a stock controller. For a charge under category SUB-STANDARD PERFORMANCE, Appellant was charged with and found guilty of negligence for which a penalty of dismissal was imposed. The basis of the charge was that,…

AUGUSHITO KAMBA Appellant Vs NATIONAL SOCIAL SECURITY AUTHORITY Respondent

Labour Court · LC/H/124/20 · 08 2021

The brief background of this matter which is generally common cause is that, on the 20th July 2020 appellant was served with a charge letter in which he was being charged with an act of misconduct in terms of the…

PLAXEDES NGWENA APPLICANT versus LUSITANIA PRIMARY SCHOOL RESPONDENT

Labour Court · LC/H/149/20 · 08 2021

This is an appeal against the manner in which the appellant and the respondent parted ways. Before the hearing commenced the court inquired of the appellant’s counsel on what decision was being appealed. Counsel for the appellant advised the court…

BAISON MAZA AND 14 OTHERS APPLICANTS versus DANDY ZIMBABWE (PVT) LTD RESPONDENT

Labour Court · LC/H/REV/35/19 · 08 2021

This is an application for leave to appeal a judgment of this court to the Supreme Court. Appeals from this court to the Supreme Court are provided for in section 92 F (1) of the Labour Act [Chapter 28:01] (The…

OK ZIMBABWE LIMITED versus WILLIE MASILO

Labour Court · LC/H/331/20 · 08 2021

This is an application for leave to appeal judgment LC/H/223/20, a judgment of this court. The respondent hasraised two preliminary issues. These are: (i) That the judgment was a default judgment and therefore not appealable andthat the proper course of…

HEALTH SERVICE BOARD APPLICANT versus EDGARS MUTAURWA RESPONDENT

Labour Court · LC/H/APP/327/20 · 08 2021

1. This is an application for rescission of a default judgment granted by this court on 4 November 2020. The present application was filed on 17 November 2020. It is opposed. 2. In order for an application for this nature…

JOHANNES MANYENGA APPLELLANT versus PETROZIM LINE (PVT) LTD RESPONDENT

Labour Court · LC/H/92/20 · 08 2021

1.This is an appeal against the appellant’s dismissal from the respondent’s employ. 2. The appellant was employed by the respondent company as its Deputy General Manager. He was answerable to the General Manager. The pertinent portion of the contract of…

TARIRO TAKAWIRA APPLICANT versus NEC FOR ZIMBABWE SCHOOLS DEVELOPMENT ASSOCIATION/COMMITTEES APPEALS COMMITTEE 1ST RESPONDENT SDA DUDLEY HALL PRIMARY SCHOOL 2NDRESPONDENT

Labour Court · LC/H/APP/309/20 · 08 2021

This is an application for reinstatement of an application for condonation of late filing of heads of argument. It is opposed. Background On 14 October 2010 this same application was placed before the court. The parties to the matter are…

TOTAL ZIMBABWE (PRIVATE) LIMITED Applicant Vs CECILIA ZIKO Respondent

Labour Court · LC/H/131/21 · 08 2021

This is an application for rescission of a default judgment granted by this applicant on 26 May, 2021. It is opposed. The requirements for a default judgment to be rescinded are as follows: 1. Whether or not the applicant was…