CARGO CARRIERS INTERNATIONAL DRIVERS – Applicants And CARGO CARRIERS INTERNATIONAL (PVT) LIMITED - Respondents

Labour Court · LC/H/18/2013 · 01 2013

At the onset of the proceedings Counsel for Respondent challenged the right of Zimbabwe Federation of Trade Union (ZFTU) in representing Applicants in this matter. Applicants are not members of ZFTU and as such ZFTU has no rights to file…

FLORENCE SIGUDU versus MINISTER OF LANDS AND RURAL RESETTLEMENT N.O. and PHINEAS CHIHOTA

Harare High Court · HH-11-13 · 01 2013

The applicant in this matter seeks an order declaring the legality of her occupation of a piece of farm land in Seke District and the nullification of the consolidation of that land with an adjoining farm. She also seeks the…

CITY OF HARARE Appellant And FANUEL GUDU Respondent

Labour Court · LC/H/121/13 · 01 2013

This is an appeal against an Arbitral Award wherein it was ordered that Respondent be reinstated to his original position as the decision to dismiss him was null and void as it was made outside the prescribed time frames.

TM SUPERMARKETS - APPELLANT And MARIAN MACHIPISA - RESPONDENT

Labour Court · LC/H/109/2013 · 01 2013

This is an appeal against the decision of the National Employment Council for the Commercial Sectors Negotiating Committee hereinafter referred to as the NEC. The NEC had reinstated the Respondent to her original position with full pay and benefits from…

CITY OF HARARE APPELLANT And MEMORY CHIHEYA RESPONDENT

Labour Court · LC/H/97/2013 · 01 2013

This is an appeal against the Arbitrator’s ruling ordering Appellant to appoint Respondent to the position of Personal Assistant to the Human Resources Director, following a council resolution of 29 May 2008. The brief facts are that the respondent is…

C KAKOMO Applicants & 5 OTHERS SAVANNA TOBACCO Respondent (PVT) LTD

Labour Court · LC/H/26/13 · 01 2013

Applicants’ application for review is based upon a founding affidavit made by the union representative. The relevant portions of the affidavit read as follows, “5. 1, on behalf of the Applicants, do hereby file an Application for review of proceedings…

GEORGE MANYIKA APPLICANT And SHAMVA GOLD MINE RESPONDENT

Labour Court · LC/H/23/2013 · 01 2013

This is a matter in which the applicant was wrongfully dismissed from the respondent’s employ. This Court ordered that the applicant be reinstated or alternatively that the respondent, awarded the applicant the appropriate damages in lieu of reinstatement. The respondent…

DANIEL MUKANDARA Appellant And NATIONAL RAILWAYS OF ZIMBABWE Respondent

Labour Court · LC/H/113/13 · 01 2013

Appellant’s grounds of appeal as per his Notice of Appeal are that:- The Respondent’s General Manager erred on point of law in; (a) Finding that Appellant was guilty of theft a charge which is not supported by the facts. (b)…

ARNOLD SIKHUMBUZO MAHLANGU versus C Z L INCORPORATED (PRIVATE) LIMITED

Harare High Court · HH27-13 · 01 2013

The applicant issued summons claiming payment of the sum of US15 900-00, interest on the amount at the prescribed rate and costs of suit on attorney-client scale. The respondent entered an appearance to defend. The applicant then applied for summary…

ELDRICK ELVIS MAVHURA versus THE STATE

Harare High Court · HH22-13 · 01 2013

The appellant was arraigned before the Regional Magistrate at Bindura on a charge of rape as defined in section 65 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. He pleaded not guilty but was convicted after a trial.…

P B ARNOTT AND SON (PRIVATE) LIMITED versus STEVEN MANOTA and EVELYN JAMES and NESBERT MANOTA

Harare High Court · HH17-13 · 01 2013

This is an application for summary judgment against the three respondents who are the defendants in Case No. HC 8904/10 (hereinafter referred to as “the main matter” or “the action”). The applicant is the plaintiff in the main matter, in…

KEMBO MOHADI versus THE STANDARD and STANDARD PRESS (PVT) LTD and DAVISON MARUZIVA and EDDIE CROSS

Harare High Court · HH16-13 · 01 2013

This is an exception to the plaintiff’s claim for damages for defamation on the ground that the words complained of carry no reference to the plaintiff and that the declaration makes no proper allegations of facts which would enable the…

S. SIBANDA AND 16 OTHERS Appellants And TRENTYRE PRIVATE LIMITED Respondent

Labour Court · LC/H/134/13 · 01 2013

The Appellants in this case engaged in a collective job action. The employer brought disciplinary proceedings against the Appellants and found them guilty and dismissed then. They appealed against the decision to dismiss them but were unsuccessful before the Designated…

ELINETH DICK APPELLANT And ZIMBABWE REVENUE AUTHORITY RESPONDENT (ZIMRA)

Labour Court · LC/H/22/2013 · 01 2013

The appellant was charged with: (i) Wilfully applying a wrong use, or unauthorised purpose, to assets or to property or alternatively. (ii) Carrying out an act which is inconsistent with the express or implied conditions of the contract of employment.…

THOMAS MADEYI versus THE STATE

Harare High Court · HH34-13 · 01 2013

The appellant was convicted by the Regional Magistrate, Eastern Division, of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act, [Cap 9:23] after a contested trial. He was, on 7 December 2011, sentenced to 14…

THE ATTORNEY-GENERAL versus MUNYARADZI GWISAI and ANTONATOR CHOTO and TATENDA MUNDAWARA and EDSON CHAKUMA and HOPEWELL GUMBO and WELCOME ZIMUTO

Harare High Court · HH20-13 · 01 2013

In this case the respondents were convicted, in the magistrate’s court on 19 March 2012, of conspiracy to commit public violence as defined in s 188 as read with s 36 of the Criminal Law (Codification and Reform) Act, [Cap…

JOHN SWAY MUGADZAHWETA versus AZVIRIBASI NENGOMASHA

Harare High Court · HH14-13 · 01 2013

The plaintiff claims for damages for breach of contract arisingto an oral agreement entered into between him on one hand and the defendant on the other; interest at the prescribed rate together with costs of suit. At the pre-trial conference…

THE STATE versus VLADIMIR MASHATISE

Harare High Court · HH-10-13 · 01 2013

In this matter the Attorney-General has, in terms of s 35 of the High Court Act, [Cap 7:06], filed a notice conceding that the conviction of the appellant cannot be supported.

RUSITU AGENCIES (PRIVATE) LIMITED versus PETER FUNGAYI KANGARA

Harare High Court · HH-09-13 · 01 2013

The plaintiff’s claim against the defendant is for the sum of US$14 287 in respect of which the defendant signed an acknowledgment of debt. The plaintiff contends that the said amount is due to it for cigarettes sold by it…

JONATHAN TAVARWISA Applicant And BAKERS INN BREAD COMPANY Respondent

Labour Court · LC/H/13/13 · 01 2013

This is an application for condonation of late filing of an application for leave to appeal to the Supreme Court by Jonathan Tavarwisa (Applicant). In terms of Rule 36 of the Labour Court Rules SI 59/2006 (The Rules) a party…