MARKINGTON MUSHONGA - Appellant And PIONEER COACHES - Respondent

Labour Court · LC/H/200/13 · 05 2013

The Appellant was employed by the Respondent in 2005 as an International Bus Driver. He was dismissed from employment with effect from 17th of April, 2012 following his conviction on a charge of violating Sections 1.1 and 2.3 (GrossNegligence) of…

MORGEN PARADZA Appellant MASHONALAND TOBACCO COMPANY Respondent

Labour Court · LC/H/198/13 · 05 2013

On 2nd August 2012 the NEC for the Tobacco Industry made a determination. It ordered that Respondent pay Appellant an NEC Grade 8 wage. Appellant then appealed to this Court. Respondent opposed the appeal. The grounds of appeal are couched…

HORSEBORN NDLOVU–Appellant And JENA MINES-Respondent

Labour Court · LC/H/433/13 · 05 2013

This is an application for quantification. The Applicant has given it the title “Quantification for arrear salaries, Benefits and damages in lieu of Reinstatement”.

T. KASEKE - Appellant And ZIMBABWE UNITED - Respondent PASSENGERS’ COMPANY

Labour Court · LC/H/236/13 · 05 2013

The appeal is noted against the determination handed down on 24 March, 2011 by Respondent’s Disciplinary Committee which found the Appellant guilty of reselling tickets and consequently imposed a dismissal penalty. The Appellant was employed by the Respondent as a…

FIDELITY LIFE ASSURANCE - Appellant And SAMSON CHISHAMBA - Respondent

Labour Court · LC/H/217/2013 · 05 2013

At the hearing of this matter a preliminary issue was raised that the Appellant’s legal practitioners had failed to file Heads of Arguments timeously in terms of Rule 19 of the Labour Court Rules. The Appellant argued that the operation…

N. RICHARDS (PRIVATE) LIMITED APPELLANT AND LUCKY BUDIVEYA AND 4 OTHERS RESPONDENT

Labour Court · LC/MS/04/13 · 05 2013

The appellant is challenging the decision of the Negotiating Committee dated 22 March, 2011 which decision upheld an earlier determination by the Mashonaland Local Joint Committee to reinstate the five (5) respondents without loss of salary and benefits from the…

SCOTT JOHN SMITH and DUSTINE ANNE SMITH versus KOJO MALCOM PARIS and KINGDOM BAKERY (PRIVATE) LIMITED and REGISTRAR OF DEEDS

Harare High Court · HH162-13 · 05 2013

Kojo Malcom Parris (“Parris”) intended to sell his house in Harare. He instructed an acquaintance, June Mossdorf, (“Mossdorf”) of Fox & Carney Estate Agents to market the immovable property for him. He was by that time resident in South Africa.…

KINGDOM MERCHANT BANK LIMITED versus JAYESH SHAH And SATURN TRADING AND INVESTMENTS LIMITED

Harare High Court · HH159-13 · 05 2013

On 6 July 2004 the applicant issued summons against the second respondents, jointly and severally and in solidium for payment of US$900 000-00 which it alleged was overpayment of a loan advanced by the second respondent to the applicant for…

TRUWORTHS LIMITED versus CHARTER PROPERTIES (PVT) LTD and MHLANGULI MPOFU

Harare High Court · HH160-13 · 05 2013

This is an application made in terms of Article 34 of the Model Law in the Arbitration Act [Cap 7:15] for the setting aside setting of an arbitral award made by the second respondent on February 2012 sitting as an…

LAW SOCIETY OF ZIMBABWE versus TOINDEPI MAHASO

Harare High Court · HH158-13 · 05 2013

This is an application for the deregistration of the respondent from the applicant’s register of Legal Practitioners, Notaries Public and Conveyancers in terms of s 28 (1)(c)(i) of the Legal Practitioners Act [Cap 27:07]. The application has had a long…

INDIUM INVESTMENTS (PRIVATE) LIMITED versus KINGSHAVEN (PRIVATE) LIMITED and DANIEL KUZOZVIRAVA SHUMBA and LINDA SHUMBA

Harare High Court · HH157-13 · 05 2013

Shumba owned a residential of property in South Africa. It was under mortgage. He failed to service his mortgage bond. The bank foreclosed on the mortgage bond. He was desperate to avoid the sale of his property by auction. He…

DENKAMP INVESTMENTS (PVT) LTD versus DST (PVT) LTD

Harare High Court · HH154-13 · 05 2013

Two ladies wanted to build a house. They only had the ground but no title to it. Keenly aware of price fluctuations, they bought building material from the defendant whilst waiting for title to the land to be processed. The…

PIETER GERTENBACH Applicant CROSLAN ENGINEERING Respondent (PRIVATE) LIMITED

Labour Court · LC/H/196/13 · 05 2013

On 31st October 2012 this Court made an order the relevant portion of which read, “1. The Respondent being barred in terms of Rule 19 for not filing Heads Of Argument, the appeal be and is hereby granted and arbitral…

MARTIN MUONDE APPLICANT And SAFEGUARD SECURITY RESPONDENT

Labour Court · LC/H/246/13 · 05 2013

This is an application for condonation of late noting of an appeal. It is trite that in order for the application to succeed, the following factors are considered: a) Whether the extent of delay in noting the appeal is in…

SIMBA MASAITI Applicant And C.M.E.D. (PVT) LTD Respondent

Labour Court · LC/H/209/13 · 05 2013

The matter comes before this Court for quantification of damages in pursuit of this Court’s order. The Applicant’s claim is for payment of an equivalent of seventy months’ salary totalling USD36 470.00. This amount is broken down as follows:- 1.…

HWEDZA RURAL DISTRICT COUNCIL Applicant And GRACE MUPFUGAMI Respondent

Labour Court · LC/H/194/13 · 05 2013

After hearing submissions from Respondent’s Counsel, I dismissed the application for review with costs and indicated that my reasons will follow. These are they. The application proceeded in terms of Rule 19(3) (b) of this Court’s Rules 59/2006 in that…

KUDAKWASHE MURWIRA Applicant And MUZARABANI RURAL DISTRICT COUNCIL Respondent

Labour Court · LC/H/190/13 · 05 2013

Applicant was employed by Respondent as an Environmental Health Technician and was dismissed from employment following a disciplinary hearing on the 16th of January 2013 with effect from the 12th December 2011. Applicant filed an appeal with this Court on…

UNITED APPIARIES(PRIVATE) LIMITED versus PENTECOSTAL FELLOWSHIP CHURCH and REGISTRAR OF DEEDS

Harare High Court · HH172-13 · 05 2013

The plaintiff’s claim was for specific performance. In terms of a written agreement of sale on 1 February 2001 the plaintiff bought from the defendant Stand 644 Marimba Park Township, measuring 6820 m2(hereafter referred to as “the property”). The purchase…

ARCHIBOLD TSORO – Applicant And INNSCOR AFRICA – Respondent

Labour Court · LC/H/186/2013 · 05 2013

This is an application for condonation for late noting of appeal. The brief facts are that the Applicant was employed by the Respondent at its Lytton Road factory. On 12 December 2009 whilst on duty, the Applicant engaged in a…

CECILIA MUGADZA – Appellant And JUDICIAL SERVICE COMMISSION – Respondent

Labour Court · LC/MC/16/2013 · 05 2013

This is an appeal against the decision of the Respondent Disciplinary Authority which dismissed the Appellant on the basis of charges of corruption which were leveled against her in 2011. The facts of the case are that the Appellant who…