SIMBARASHE GIBSON versus THE STATE

Harare High Court · HH64-13 · 02 2013

The appellant was arraigned before the Magistrates Court at Harare on a charge of one count of rape as defined in s. 65 of the Criminal Law (Codification and Reform) Act, [Cap 9:23.] He pleaded not guilty but was convicted…

THE STATE versus 1. TUNGAMIRAI MADZOKERE 2. LAST MAENGEHAMA 3. LAZARUS MAENGEHAMA 4. STANFORD MAENGEHAMA 5. GABRIEL SHUMBA 6. PHINIEAS NHATARIKWA 7. STEFANI TAKAIDZWA 8. STANFORD MAGURO 9. YVONNE MUSARURWA 10. REBECCA MAFUKENI 11. SYNTHIA FUNGAI MANJORO 12. LINDA MUSIYAMHANJE 13. TAFADZWA BILLIAT 14. SIMON MUDIMU 15. DUBE ZWELIBANZE 16. SIMON MAPANZURE 17. EDWIN MUINGIRI 18. AUGUSTINE TENGANYIKA 19. FRANCIS VAMBAI 20. NYAMADZAWO GAPARE 21. KURINA GWESHE 22. MEMORY NCUBE 23. LOVEMORE TARUVINGA MAGAYA 24. ODDREY SYDNEY CHIROMBE 25. ABINA RUTSITO 26. TENDAI MAXWELL CHINYAMA 27. JEPHIAS MOYO 28. SOLOMON MADZORE 29. PAUL NGANEROPA RUKANDA

Harare High Court · HH53-13 · 02 2013

The accused persons are charged with murder of a policeman in the course of duty on 29 May 2011. This has been a protracted trial fraught with applications and counter applications. The state has now applied for a two week…

FIRST CLASS ENTERPRISES (PVT) LTD versus TRYMORE MUCHINGAMI & 2 OTHERS

Harare High Court · HH49-13 · 02 2013

On a bitterly cold winter night of 18 July 2009, the plaintiff’s semi luxury coach, a scania registration number AAZ7875 driven by Albert Bendurawhich plies the Harare – Lusaka route, was on a routine return trip from Lusaka Zambia along…

TREVOR SIMBANEGAVI versus OFFICER JACHI

Harare High Court · HH40-13 · 02 2013

On 8 December 2010 at around 1700 hours and in Avonlea Drive, the plaintiff was approached by the defendant who was in company of other officers of the Criminal Investigation Department. The defendant ordered the plaintiff to disembark from the…

VICTOR GURAJENA - Appellant And INTERFRESH LIMITED - Respondent

Labour Court · LC/H/274/2013 · 02 2013

As one of his grounds of appeal, Appellant raised the issue of the use of incorrect Code of Conduct. The ground reads:- “a. We submitted to the hearing committee that we have grave reservations about their employ of the Interfresh…

ZIMBABWE FARMERS DEVELOPMENT TRUST – Appellant And SELINA PASIRAYI – 1st Respondent And PRISCA CHIKWAVA - 2nd Respondent

Labour Court · LC/H/120/2013 · 02 2013

This matter was set down in terms of section19 (3)(a) of the Labour Court Rules. Appellant was served with the notice of response on 20 March 2010. Appellant filed its heads of argument on 20 February 2013 when it was…

CHARLES GOMWE – Appellant And CRESTA HOSPITALITY – Respondent

Labour Court · LC/H/114/2013 · 02 2013

This appeal is totally devoid of merit. Appellant appealed to this court not based on any evidence but on emotions. The appeal is an example of abuse of court process. I dismissed the appeal on the date of the hearing.…

FELIX NYAHUYE Appellant And MINISTER OF EDUCATION Respondent SPORTS AND CULTURE

Labour Court · LC/H/61/13 · 02 2013

The appellant was a school Head. Two posts fell vacant at his school. The posts were advertised. After the requisite procedures had been followed, two people were interviewed. The appellant as Head of the school was part of the panel…

LANGTON MUKOMBERANWA - Applicant And DISCIPLINARY COMMIITTEE - 1st Respondent OF THE CITY OF HARARE And CITY OF HARARE - 2nd Respondent

Labour Court · LC/H/51/2013 · 02 2013

This is an application for a review of the decision of the first respondent which refused to uphold the exception to the misconduct charges which had been leveled against the applicant. The brief facts of the matter are that on…

CHIRINDA versus KONRAD VAN DER MERWE and MINISTER OF LANDS & RURAL RESETTLEMENT

Harare High Court · HH51-13 · 02 2013

In this action the plaintiff seeks the eviction of the first defendant and all those claiming occupation through him from the immovable property known as subdivision 1 of Reinfield, situate in Makonde, Mashonaland West Province. The plaintiff also claims costs…

TENDAI KUSERI -Appellant And COLBRO TRANSPORT - Respondent

Labour Court · LC/H/127/2013 · 02 2013

Appellant is appealing against the decision of the arbitrator who upheld his dismissal by the Respondent company which he used to work for. The fact of the case are that Appellant who was in the Respondent’s employ as a fleet…

HERBERT MAGORONGA – Appellant And GDC WHELSON HAULIERS – Respondent

Labour Court · LC/H/48/2013 · 02 2013

This is an appeal against the decision of the Arbitrator who dismissed the Appellant’s case on the basis that it had prescribed as provide for in section 94 of the Labour Act. The brief facts of the case are the…

LEVY JAMES - Appellant And COMSERVE SECURITY - Respondent

Labour Court · LC/H/91/13 · 02 2013

The Appellant was summarily dismissed in August 2010 in contravention of Statutory Instrument 15 of 2006 which applies to employers and employees without registered Codes of Conduct. He took his case to arbitration and on the hearing date the respondent…

EMSON K MUSHAYABASA Applicant And NORTON TOWN COUNCIL Respondent

Labour Court · LC/H/72/2013 · 02 2013

On the 7th October 2005 Arbitrator Chavura issued an award reinstating Applicant without loss of pay and benefits. Respondent appealed to this Court and on the 31st May 2007 an order by consent was issued on the following terms- -…

LEONARD CHIBANDA Appellant & 23 OTHERS THE COTTON COMPANY Respondent OF ZIMBABWE LIMITED

Labour Court · LC/H/45/13 · 02 2013

At the commencement of the appeal before this Court, Respondent raised two points inlimine.The points were that; 1. Appellants were barred for failure to file their Heads of Argument timeously; and 2. The matter was resjudicata.

ZB BANK LIMITED Appellant TIRIVANHU MARIMO Respondent

Labour Court · LC/H/63/13 · 02 2013

On 18th February 2011 the NEC Banking made a determination. In terms thereof Appellant was ordered to reinstate Respondent’s employment without loss of salary and benefits. Appellant then appealed to this Court against the determination.

MUSA SHAVA and CLIVE SAKALA versus THE STATE

Harare High Court · HH165-13 · 02 2013

The applicants approached the court on 15 February 2013 on appeal against dismissal of application or bail pending appeal against both conviction and sentence. Upon considering the written and oral submissions by both appellant counsel and state counsel I dismissed…

SOUTHMARK TRADING (PRIVATE) LIMITED and KINGS BRAKE AND CLUTCH (PRIVATE) LIMITED and MSASA AUCTIONS (PRIVATE) LIMITED and VENROCK T/A SOLBAT ENTERPRISES (PRIVATE) LIMITED and RACER PANEL BEATERS (PRIVATE) LIMITED and L & D FIBREGLASS (PRIVATE) LIMITED and LEXINN (PRIVATE) LIMITED and FREDERICK PANEL BEATERS and LYSTRA OIL (PRIVATE) LIMITED and TURBO CENTRE and CARSON ENTERPRISES T/A MSASA GEARBOX AXLE CENTRE and DALAS AUTO (PRIVATE) LIMITED versus KAROI PROPERTIES (PRIVATE) LIMITED and LORNA CRUGER and RETIRED MAJOR CHADEMANA and GEDION HWEMENDE and NATIONAL INDIGENISATION AND ECONOMIC EMPOWERMENT BOARD

Harare High Court · HH52-13 · 02 2013

The biblical aphorism: “Whatever a man sows, that he will also reap” has lost its meaning in our society. This matter presents a sordid picture of a culture of wanting to reap where persons did not sow. The matter was…

MARTINDALE (PVT) LTD Applicant (TRADING AS LYONS) EVANS MUTEVERA Respondent

Labour Court · LC/H/49/13 · 02 2013

On 17th October 2011 this Court made an order by default in favour of Respondent. On 18th October 2011 Applicant filed the present application for rescission of the order. Respondent opposed the application.

PATRICIA MANDALA versus GLENS REMOVALS & STORAGE ZIMBABWE (PRIVATE) LIMITED

Harare High Court · HH78-13 · 02 2013

On 18 October 2012, I pronounced my decision in this case. I indicated my reasons would follow. Here they are: The plaintiff originally issued summons in this court on 24 October 2005 against the defendant seeking an order to compel…