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Employment Contract re: Contractual and Terminal Benefits, Vested Rights of Ex-Employees & Retention of Company Property

HH70-12 : FIRSTEL CELLULAR (PRIVATE) LIMITED vs MUNYARADZI SEFAIDIGA and BLESSING MUNYORO
Ruled By: HUNGWE J

On the return day of the rule nisi I confirmed the provisional order and dismissed the counter application indicating that the reasons will follow. These are the reasons. This is the return day of the rule nisi issued by this court on 10 May 2007 interdicting the two respondents (applicants in the counter-application hereinafter referred to as ...
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HH08-09 : TARUVA TARUVA vs DEVEN ENGINEERING P/L and MOTEC HOLDINGS P/L and REGISTERING OFFICER, CENTRAL VEHICLE REGISTRY
Ruled By: MAKARAU JP

The plaintiff joined the first defendant on 1 July 2006. He was employed by the first defendant as its Financial Controller and Company Secretary. It was a specific term of his employment that the plaintiff would be entitled to the use of a motor vehicle and to participate in the Group motor vehicle scheme. In ...
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HH59-10 : INTERCONTINENTAL HOLDINGS (PVT) LTD vs VERONICA NECHITIMA AND TEN MWANZA AND FOUR OTHERS
Ruled By: MTSHIYA J

On receipt of their retrenchment packages, the respondents undertook to vacate Greenhills Farm. They declared as follows -“We, the undersigned workers, voluntarily choose to accept a retrenchment package from the owners of Intercontinental Holdings (Private) Limited t/a Prima Flora, understanding that it complies with S.I.252 of 1992. The package to be paid will be as follows:-Three months ...
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HH26-10 : MEDICAL INVESMENTS LIMITED vs RUMBIDZAYI PEDZISAYI
Ruled By: MAKARAU JP

The applicant and the respondent were employer and employee respectively. The respondent was employed by the applicant as its Chief Pharmacist with effect from 1 December 2002 up to November 2008. It was a specific term of her employment that the respondent would be entitled to the use of a motor vehicle during the course ...
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HH133-09 : EZERA MUSHANDIKWA vs NATIONAL RAILWAYS OF ZIMBABWE AND THE DISTRICT CIVIL ENGINEER N.O. FOR NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: MTSHIYA J

The first respondent is the owner of the property known as Stand No. 492, Bautina Road, Chiredzi. On or before 14 May 1991, the respondent leased the property to RMS (Pvt) Ltd, a section or branch of the first respondent. On 23 April 1991, the property was inspected for occupation and on 14 May the applicant, ...
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HH133-09 : EZERA MUSHANDIKWA vs NATIONAL RAILWAYS OF ZIMBABWE AND THE DISTRICT CIVIL ENGINEER N.O. FOR NATIONAL RAILWAYS OF ZIMBABWE
Ruled By: MTSHIYA J

The above facts clearly show that there was never any agreement of sale, whether oral or written, between the applicant and the first respondent There is no agreement which this court can confirm and/or on the basis of which it can order specific performance on the part of the first respondent. It is not denied that the ...
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HH145-09 : TAKAVADA MAPFUMO vs PREMIER SERVICE MEDICAL INVESTMENTS (PVT) LTD AND DEPUTY SHERIFF AND RANGANAYI CHARLES MUBVUMBI
Ruled By: UCHENA J

The applicant was the first respondent's employee since 1 August 2005. He resigned from the first respondent's employment on 31 May 2007. The first respondent is a duly registered company which runs a voluntary motor vehicle scheme for its employees. The applicant refused to join the scheme but the first respondent bought a motor vehicle which ...
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HH162-09 : ZIMBABWE BROADCASTING HOLDINGS vs SEMUKELISO GONO
Ruled By: GOWORA J

The applicant is a duly registered corporate entity under the laws of this country. On 30 March 2008, following conciliation through an arbitrator, the dismissal of the respondent from amongst the ranks of the applicant's employees was confirmed. As a result, the parties' formal relation came to an end. At the time, the respondent was in possession of ...
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HB45-09 : FALCON DUBE vs ZIMBABWE NATIONAL WATER AUTHORITY and THE MESSENGER OF COURT
Ruled By: KAMOCHA J

The correct history of the house that is at the centre of this dispute is that it belonged to the Department of Water, which was inherited by the Zimbabwe National Water Authority.The then Department of Water built a number of houses for its employees in Beitbridge Town. As time went by, the Department of Water ...
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HB76-09 : MAXWELL CHAITIKA vs ZIMBABWE NATIONAL WATER AUTHORITY
Ruled By: CHEDA J and NDOU J

This is an appeal against the trial court's order of eviction. The history of this matter is that the appellant was employed by the President's office at the department of Central Intelligence Office and was based at Beitbridge. During his employment he was allocated House Number 795 Dulibadzimu Township, Beitbridge. The circumstances surrounding this matter are that the respondent constructed ...
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HH51-10 : DHL INTERNATIONAL (PVT) LTD vs CLIVE MADZIKANDA
Ruled By: MAKARAU JP

The respondent was employed by the applicant as its Finance Manager up to July 2009 when allegations of misconduct were levelled against him. A disciplinary hearing was convened to determine the validity of the allegations, and it found him guilty as charged. He appealed to the applicant's Area Managing Director against the dismissal – without ...
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SC81-14 : JORAM NYAHORA vs CFI HOLDINGS ( PRIVATE) LIMITED
Ruled By: ZIYAMBI JA, GWAUNZA JA and PATEL JA

This appeal deals with the oft recurring question whether an employee whose contract of employment has been terminated, and who has appealed to the Labour Court against that termination, is entitled, pending resolution of the appeal, to retain a motor vehicle allocated to him for the performance of his duties during the course of ...
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Appealed
SC08-15 : TENDAI SAVANHU vs HWANGE COLLIERY COMPANY
Ruled By: ZIYAMBI JA, GOWORA JA and MAVANGIRA AJA

At the end of the hearing in this matter we dismissed the appeal with costs on the legal practitioner and client scale for the reasons which follow. The appellant, who, since 2006, had been the Non-Executive Chairman of the respondent's Board of Directors, was removed from that position on 3 August 2011. Prior to his ...
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HH147-10 : LAWRENCE SHUMBAYAONDA vs MADHATTER MINING (PRIVATE) LIMITED
Ruled By: HUNGWE J

The plaintiff issued summons claiming: 1. Payment of $135,964= being monies due and payable to the plaintiff in respect of unpaid salary and benefits in terms of the contract of employment which the plaintiff gave written notice to terminate beginning 1 October 2004. 2. Interest from 1 January 2008 to date of payment in full calculated at ...
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HH116-11 : TELECEL ZIMBABWE (PVT) LTD vs NAQUIB OMAR
Ruled By: CHIWESHE JP

The respondent was a senior employee of the applicant holding the post of Commercial Director. On account of his employment, he enjoyed the use of a company motor vehicle, a Toyota Prado. On 5 February 2010, the respondent's contract of employment was terminated pursuant to a disciplinary hearing. The respondent has appealed against that decision ...
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HB78-10 : FARAYI B. NYAPOKOTO vs OFFICER COMMANDING BULAWAYO CAMPS SUPERINTENDENT MOYO and OFFICER COMMANDING BULAWAYO PROVINCE SENIOR ASSISTANT COMMISSIONER MUTAMBA and OTHERS
Ruled By: CHEDA J

This is an urgent application seeking to restore the applicant to the peaceful and vacant possession of Number 28 Fourth Street, Ross Camp, Bulawayo.The applicant was charged for contravening paragraph 14 of the Schedule of the Police Act [Chapter 11:10]. He was tried, convicted and sentenced to eight (8) days imprisonment. He was dissatisfied with ...
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HH12-13 : ANDREW MILLS vs TANGANDA TEA COMPANY LIMITED
Ruled By: PATEL J

Section 179 of the Companies Act [Chapter 24:03] deals with any payment to a Director for loss of office in connection with the transfer of a company's property. It provides that: “(1) It shall not be lawful, in connection with the transfer of the whole or any part of the undertaking or property of a company, ...
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HH29-14 : NEWTON MADZIKWA vs TWENTY THIRD CENTURY SYSTEMS (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

The facts of the Blue Ribbon Foods Ltd v Dube NO Anor 1993 (2) ZLR 146 (S) case were that one Gonyora, an employee of Blue Ribbon Foods, had found alternative employment after he had noted an appeal against the decision of the Labour Relations Officer (“LRO”) who had granted permission for ...
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HH38-14 : JULIET HOMODZA vs CHITUNGWIZA MUNICIPALITY
Ruled By: TAKUVA J

This is an apposed court application. The facts, which are wholly common cause, are as follows: The applicant was in the respondent's employ for the past thirty-two and half years. On 24 October 2012 she resigned on medical grounds. The resignation was accepted by the respondent on 29 October 2012. In a letter authored by the respondent's ...
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HH207-14 : PRACTICAL ACTION SOUTHERN AFRICA vs SYLVIA MAKOMVA and SHERIFF OF ZIMBABWE
Ruled By: MATHONSI J

The applicant has approached the court on an urgent basis seeking the following relief: “TERMS OF FINAL ORDER SOUGHT That you show cause, if any, to this Honourable Court, why a final order should not be made on the following terms: 1. That the possession of the Ford Ranger vehicle registration No.ACO2985, Chassis Number 6FPPXXMJ2PCG40156 by the 1st respondent be ...
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HH211-14 : ZIMBABWE ELECTRICITY TRANSMISSION AND DISTRIBUTION COMPANY vs RONALD MUTOMBODZI
Ruled By: NDEWERE J

The respondent was employed by the applicant as an engineer and he was a managerial employee. In April 2012, the applicant transferred the respondent. The respondent successfully took issue with the transfer at arbitration and the applicant was ordered not to unilaterally transfer him and others. In addition, on 10 October 2012, the High Court ...
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HH295-14 : SURFACE INVESTMENTS (PRIVATE) LIMITED vs MAURICE CHINYANI
Ruled By: DUBE J

The respondent was employed as the applicant's Chief Executive Officer for a five year contract. He was issued with a Mercedes Benz S280. The contract was not renewed after its expiry. He lodged a complaint of unfair labour practice with the Ministry of Labour and that matter was still pending at the time this application ...
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SC26-13 : SHADRECK MOYO & 13 OTHERS vs J .L. HOFFMAN and CENTRAL AFRICAN BATTERIES (PRIVATE) LIMITED
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

In the court a quo, the appellants made reference to the provisions of section 13(1)(a)-(d) of the Labour Act [Chapter 28:01]. The argument was that when an employer has not paid terminal benefits the employee remains under employment. Section 13 of the Labour Act [Chapter 28:01] provides as follows: “13 Wages and benefits upon termination of ...
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HB22-16 : DHERERAI MANYONI vs THE COMMISSIONER GENERAL OF POLICE
Ruled By: MATHONSI J

There is a dispute as to what transpired at the time of the applicant's discharge regarding the house he was occupying at Ross Camp. The applicant stated that the officer-in-charge, Chief Inspector Costa Taduwa, instructed him to forthwith vacate the premises as he had been discharged and that he was not going ...
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HH377-15 : MISHECK MUZA vs REGGIE FRANCIS SARUCHERA (as liquidator of J. W. Jaggers Wholesalers PL) and PRICES TRUST and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAFUSIRE J

The applicant had been an employee of J. W. Jaggers Wholesalers (Private) Limited (“Jaggers”) before it went bankrupt. Among the applicant's employment benefits was subsidised accommodation in one of Jaggers' houses. After J. W. Jaggers Wholesalers (Private) Limited's placement into liquidation, the first respondent, in his capacity as the liquidator, went about disposing, on the open market, ...
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HH27-18 : SAMSON MEKI vs AIR ZIMBABWE (PVT) LTD and AIR ZIMBABWE HOLDINGS (PVT) LTD and COMMERCIAL BANK OF ZIMBABWE LTD
Ruled By: HUNGWE J

There is no doubt that terminal benefits of an employee are an accrued benefit….,. In short, the applicant has a contingent right that has accrued to him.
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HH139-15 : MANLINE FREIGHT (PTY) LTD vs PETER KANENGONI and OTHERS
Ruled By: MAFUSIRE J

On 31 January 2015, I granted an ex tempore order directing the forty three respondents to release, immediately, the forty three heavy duty haulage trucks, together with their cargo, trip documentation for those trucks, and all other property of the applicant which the respondents had unlawfully embargoed and parked at Beitbridge, Harare, and Chirundu. The respondents were part of ...
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HH311-18 : SERGEANT KHAUYEZA (F048677J) vs THE TRIAL OFFICER (Superintendent J. Mandizha) and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIWESHE JP and CHAREWA J

(xi) Whether or not a member who has a pending criminal case is entitled to full terminal benefits before the finalisation of the criminal case It is trite that terminal benefits are payable upon termination of employment. In accordance with section 47 of the Police Act [Chapter 11:10], pending trial, the Commissioner General is only entitled to suspend a ...
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HH174-13 : ALOIS MATONGO vs MIDLANDS STATE UNIVERSITY
Ruled By: MATHONSI J

Section 13(1) of the Labour Act [Chapter 28:01] deals with wages and benefits upon termination…,. It provides:- “13 Wages and benefits upon termination of employment (1) Subject to this Act or any regulations made in terms of this Act, whether any person - (a) Is dismissed from employment or his employment is otherwise terminated; or (b) Resigns from his employment; or (c) Is incapacitated ...
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HMA30-18 : CHIDO MUROMBEDZI vs SMM HOLDINGS [PVT] LTD
Ruled By: MAWADZE J and MAFUSIRE J

This was an appeal against an order of eviction granted by the court a quo in favour of the respondent against the appellant. The order of eviction was in relation to certain premises, a dwelling house, situate Shabani Mine, Zvishavane, owned by the respondent but which had, at all relevant times, been allocated to, and was ...
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HB97-18 : NEVERMIND CHINGWENA vs SMM HOLDINGS (PVT) LTD and THE ADMINISTRATOR and THE SHERIFF OF COURT N.O.
Ruled By: TAKUVA J

The applicant was employed by the first respondent. As part of his employment benefits, the applicant was allocated House Number 36 School Avenue, Noelvale, Zvishavane. Between 11 and 20 March 2011 the applicant deserted from work and was dismissed, after due process, on 27 March 2011. The applicant did not appeal against the dismissal which still ...
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HH241-18 : CLOVER LEAF MOTORS GROUP (PRIVATE) LIMITED vs BUTHOLEZWE ZHOU and PATRICE SHAYAMANO
Ruled By: CHITAKUNYE J

This is an application for the return of the applicant's motor vehicles that it had issued to the respondents during the tenancy of their employment with the applicant. The two respondents were employed by the applicant as Group Accountant and Branch Accountant respectively until 31 October 2015 when their services were terminated on notice. During the tenancy ...
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HH379-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEGE MATURURE
Ruled By: MATHONSI J

The plaintiff is the Central Bank of Zimbabwe, constituted in terms of the Reserve Bank of Zimbabwe Act [Chapter 22:15]. It is headed by a Governor, who, at the material time, had created a post of Advisor to the Governor, a post not provided for in the Reserve Bank Act which provides for the appointment ...
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HH395-13 : HWANGE COLLIERY COMPANY vs TENDAI SAVANHU
Ruled By: DUBE J

This is an action for the vindication of the plaintiff's vehicle. The salient features of this action may be summarised as follows: The plaintiff is the registered owner of a Toyota Land Cruiser registration no. ACF 1290. The defendant was appointed a non-executive Chairman of the plaintiff's Board of Directors since 2006. He was allocated the above ...
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HH93-18 : CHITUNGWIZA MUNICIPALITY vs MAXWELL KARENYI
Ruled By: TAGU J

The applicant seeks an order of rei vindicatio. It seeks recovery of its property, namely, motor vehicle, a Toyota Hilux Double Cab Registration Number AAE 7098, HP 450 laptop, Samsung Galaxy S5, and a Samsung Tablet 4 presently in the possession of the respondent without the applicant's consent. The circumstances are that the respondent was employed by the ...
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HH152-14 : RESERVE BANK OF ZIMBABWE vs PRIVILEDGE MATURURE
Ruled By: MATHONSI J

The defendant was employed by the plaintiff as a driver attached to the Advisor to the Governor. He was issued with a Toyota Vigo motor vehicle registration number ABD7870 belonging to the employer for use in the discharge of his duties. He was retrenched from employment in January 2011 in terms of an approved retrenchment ...
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HH140-13 : TELONE (PRIVATE) LIMITED vs EDWIN MATINYARARE
Ruled By: MAKONI J

The respondent was employed by the applicant as Head Administration. As part of his employment benefits he was allocated a motor vehicle for his duties, namely, a Toyota Hilux registration number ABD 8617 (the vehicle). On 3 June 2011, the applicant terminated the respondent's contract of employment following disciplinary proceedings in terms of the National Code of Conduct. ...
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HH309-13 : WILLIAM BAIN & COMPANY HOLDINGS (PRIVATE) LIMITED vs AMON NYAMUKUNDA
Ruled By: MATHONSI J

The applicant and the respondent enjoyed an employer-employee relationship for a period of 16 years; the respondent having been taken in initially as a low level employee, but, to his credit, rising through the ranks to the position of Branch Manager for Marondera. At some stage during the period of employment, the respondent was issued with the employer's ...
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HH572-14 : GLADYS MACHAWIRA vs PG INDUSTRIES (PRIVATE) LIMITED
Ruled By: MAFUSIRE J

This was an opposed court application that I heard on 16 September 2013. Soon after argument I issued the following order: “1. The Respondent's objections in limine are dismissed. 2. The Applicant's application to delete “(Private)” in the name of the Respondent [and] in its place to substitute “(Zimbabwe)” is granted. 3. It is hereby declared that the Applicant is ...
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SC48-20 : EMMA KUNDISHORA vs ZIMBABWE RED CROSS SOCIETY
Ruled By: HLATSHAWO JA, MAKONI JA and BERE JA

This is an appeal against part of the judgment of the Labour Court setting aside an arbitral award in terms of which the respondent was ordered to pay the appellant the sum of US$17,500.THE BACKGROUNDThe appellant was employed by the respondent as a Secretary General. On 2 June 2012, the ...
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SC62-20 : THANDO NCUBE vs FIDELITY PRINTERS AND REFINERIES (PRIVATE) LIMITED
Ruled By: MAKARAU JA

This is an application for leave to appeal against a decision of the Labour Court, handed down on 27 October 2014, dismissing with costs, an appeal to that court against a decision of the respondent dismissing the appellant from employment.Leave to appeal was denied by the Labour Court on the ...
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SC73-17 : TENDAYI TAMANIKWA and FRANK TINARWO vs ZIMBABWE MANPOWER DEVELOPMENT FUND and EMMERSON PAMIRE
Ruled By: GWAUNZA JA, BHUNU JA and UCHENA JA

This is an appeal coupled with a cross-appeal against the judgment of the Labour Court.Both appellants, in the main appeal, and the respondent in the cross appeal, Emmerson Pamire, were employed by the respondent. Following leakages of confidential information at the work place, the respondent ordered them to sign declaration ...
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Appealed
HH64-12 : SHADRECK MOYO AND 13 ORS vs J. LARRY HOFFMAN and CENTRAL AFRICAN BATTERIES (PVT) LTD
Ruled By: KUDYA J

The plaintiff's pleadings are a mess.They do not comply with the strict requirements of the High Court rules. The face of the summons does not identify the 13 Others. The declaration does not do so either. In addition, it does not comply with the rules of court. It contains extraneous ...
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SC46-15 : NATIONAL RAILWAYS OF ZIMBABWE vs ZIMBABWE RAILWAYS ARTISANS UNION AND OTHERS
Ruled By: ZIYAMBI JA, GWAUNZA JA and GUVAVA JA

This appeal, from the judgment of the Labour Court, raises the issue whether an Arbitrator can, in a compulsory arbitration, dictate the terms of a Collective Bargaining Agreement between the parties.Collective Bargaining Agreements are governed by Part X of the Labour Act [Chapter 28:01] (“the Act”). They are to be ...
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SC61-07 : AGRICULTURAL BANK OF ZIMBABWE LIMITED t/a AGRIBANK vs CLEMIO MACHINGAIFA AND CHENJERAI MUTAMBISI
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

This is an appeal against the judgment of the High Court, Harare handed down on 13 July 2005 in which the High Court granted with costs an application by the respondents declaring, inter alia, that they were entitled to payment of a mileage allowance of 4,000 kilometres per month calculated ...
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HH58-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE vs JOACHIM C NGUWO
Ruled By: MUTEMA J

On 29 March 2011 I dismissed, unconditionally, an application for summary judgment by the applicant.On 4 May 2011, I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made ...
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HB02-12 : MUNICIPALITY OF VICTORIA FALLS vs LOIDA NYATHI and 11 OTHERS
Ruled By: NDOU J

These are twelve cases, which were consolidated into two matters, which were heard at the same time.For easy reference, the one matter involved what may be called the ZimSun houses (five (5) defendants under HC2224/08). The five defendants being Alice Ndlovu, Sivumo Ndlovu, Kambarachi Zex Raura, Freda Khumalo and Simolita ...
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HH164-10 : KENNETH PATRICK McCOSH vs PIONEER CORPORATION AFRICA LIMITED
Ruled By: KUDYA J

The plaintiff, a former financial director of the defendant company, filed summons on 8 July 2009 seeking payment of the capital sum of US$72,334 and interest at the rate of 10% per annum from the date when the amount fell due to the date of the issue of summons in ...
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Appealed
HH137-19 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: CHIKOWERO J

At the end of oral argument, on 13 February 2019, I upheld the special plea and dismissed the plaintiff's claim with costs. The background facts are as follows:The plaintiff is a male Zimbabwean adult: so is the first defendant, the Executive President of the Republic of Zimbabwe until sometime in ...
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SC161-20 : STANLEY NHARI vs ROBERT MUGABE and DR GRACE MUGABE and GUSHUNGO DAIRY HOLDINGS (PVT) LTD
Ruled By: GARWE JA, MAVANGIRA JA and MAKONI JA

This is an appeal against the judgment of the High Court upholding the special plea by the respondents that the High Court did not have jurisdiction to determine issues of employment and labour law.At the centre of the dispute between the parties, both in the court a quo and before ...
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