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Interim Interdict Pendente Lite and Stay of Execution re: Labour Proceedings

HH62-11 : LANCASHIRE STEEL (PRIVATE) LIMITED vs TONDERAI ZISENGWE and 430 OTHERS and THE DEPUTY SHERIFF N.O. KWEKWE
Ruled By: BERE J

Pursuant to the registration of an arbitral award handed down in favour of the respondents on 17 November 2009, the respondents have proceeded to execute on that order.The execution currently in full swing has led to the attachment of the applicant's equipment - some of which constitutes the mainstay of its very existence. The applicant's very ...
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HH104-11 : NATIONAL FOODS LIMITED vs GODFREY NGWARU and LINOS CHINGONGA and CLOUD ZINGUNDE and DEPUTY SHERIFF HARARE N.O.
Ruled By: MTSHIYA J

On 17 May 2011, I dismissed an urgent application wherein the applicant sought the following relief:-“FINAL ORDER SOUGHTIt is ordered that:-1. The Arbitration award by Arbitrator Chimhuka issued no 28 April 2011 be and is hereby registered as an order of this Honourable Court.2. The Writ of Execution issued by the Registrar on 23 April 2011 under ...
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HB128-11 : BEITBRIDGE BULAWAYO RAILWAY (PVT) LTD vs ZIMBABWE AMALGAMATED RAILWAY WORKERS UNION
Ruled By: NDOU J

The applicant seeks a provisional order for the stay of execution of a writ of execution issued to a provisional order under case number HC1534/09. The provisional order has not yet been confirmed. The terms of the provisional order under HC1534/09…, are the following:“Terms of the Final Order SoughtIt is ordered that:1. Pending final resolution of ...
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HB100-10 : STEPHEN NDLOVU vs THE OFFICER COMMANDING ZRP, BULAWAYO PROVINCE and THE COMMISSIONER GENERAL and CO-MINISTER OF HOME AFFAIRS
Ruled By: CHEDA J

This is an application for a stay of execution of a sentence pending review. The genesis of this matter is that applicant is a member of the Police force and is based at Bulawayo Central Traffic and is attached to the VID section. On the 14th January 2010, the applicant was charged with contravening paragraph 35 ...
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HH129-13 : AIR ZIMBABWE [PRIVATE] LIMITED and AIR ZIMBABWE HOLDINGS [PRIVATE] LIMITED vs STEPHEN NHUTA and DEPUTY SHERIFF HARARE and SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

The applicants brought the above application under a certificate of urgency. In the interim, they sought the release of certain goods, mostly vehicles, that had been attached in execution. It was also sought as an interim relief an order that the respondents should pay any storage costs that might have been incurred as ...
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HH171-14 : ANDREW KASERERA and JOHN SIBANDA and SYDNEY MANDIDI and MECK NCUBE and MAJORA LEMBACHURU vs RIOZIM (PRIVATE) LIMITED
Ruled By: MANGOTA J

The applicants, who are employees of the respondent, were allocated motor vehicles for official and personal use. The allocation was in terms of their contracts of employment as read with the respondent's motor vehicle policy, a copy of which the applicants attached to their application. The policy was marked Annexure 'A'. The annexure contains a ...
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HH171-14 : ANDREW KASERERA and JOHN SIBANDA and SYDNEY MANDIDI and MECK NCUBE and MAJORA LEMBACHURU vs RIOZIM (PRIVATE) LIMITED
Ruled By: MANGOTA J

(d) Irreparable Harm The applicants stated that they would be exposed to the respondent's ruthlessness if their application was not granted. They stated, further, that the respondent's desire was to kick them off their employment. There is, in the court's view, no harm which is worse than that of depriving a person of his means of livelihood. ...
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HH322-14 : J.L ROBINSON AGENCIES (PVT) LTD t/a AMALGAMATED MOTOR CORPORATION vs DANFORD CHAMWARURA and THE SHERIFF OF ZIMBABWE
Ruled By: MUREMBA J

On 8 April 2014, I granted a final order for stay of execution in an urgent chamber application to the following effect: It be and is hereby ordered that: 1. The execution of the writ of execution of this Honourable Court issued under case No. HC1225/13 be and is hereby stayed pending finalisation of the labour ...
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HH18-15 : ZIMBABWE RED CROSS SOCIETY vs EMMA KUNDISHORA and SHERIFF OF ZIMBABWE
Ruled By: NDEWERE J

On 8 September 2014, the first respondent obtained an arbitral award in its favour. Four days later, on 12 September 2014, the first respondent applied for the registration of the award. The applicant was served with the application for registration of the award as a High Court Order but, for a total of seventeen ...
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HB101-16 : TAKESURE MUVENGWA vs CHIEF SUPERINTENDENT ZULU and SUPERINTENDENT CHIRIGA
Ruled By: MATHONSI J

This is one of several urgent applications being brought to this court at an alarming rate by junior police officers who generally appear to be having serious disciplinary problems at their stations, and who, at the stroke of a finger, will now rush to this court with incoherent applications seeking one relief or the other ...
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HB110-16 : FELIX SANGU vs COMMISSIONER GENERAL OF POLICE and THE BOARD OF SUITABILITY and CHIEF SUPERINTENDENT MBENGWA
Ruled By: MATHONSI J

The applicant is a police constable who has served the Zimbabwe Republic Police (ZRP) for 8 years and is currently based at Queenspark Police Station. At the material time, he had been assigned canteen duties at Hillside Police Station. It was while he was performing those duties that accusations of misappropriation of funds amounting to $1,264= were made ...
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HH550-15 : CONSTABLE JANI 985403P vs THE OFFICER IN CHARGE ZRP MAMINA and THE OFFICER IN CHARGE CHIKURUBI DETENTION BARRACKS and THE COMMISSIONER GENERAL OF POLICE
Ruled By: CHIGUMBA J

This matter came before me via the Urgent Chamber Book on 21 May 2015. I instructed my assistant to set the matter down for hearing on 22 May 2015, at 12:30pm. At the allotted hour, I was advised that counsel for the applicant was in court before my sister Judge NDEWERE. We waited for him ...
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HH79-15 : NELSON DZIRUTWE vs DAIRIBOARD ZIMBABWE LIMITED and ADDITIONAL SHERIFF, MUTARE
Ruled By: BHUNU J

This is an urgent chamber application in which the applicant seeks a provisional order staying execution of a default judgment issued against him under case number HC8062/10. The applicant and the first respondent have a longstanding dispute that was determined through arbitration but has now spilled to the High Court, the Labour Court, and the Supreme Court. The applicant ...
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HH477-14 : KUKURA KURERWA BUS COMPANY vs SIMBA MUKWENA and TRUST SINANI and RAYMOND CHIGWAZE and MESSENGER OF COURT, MUTARE
Ruled By: MATHONSI J

The first, second and third respondents are former employees of the applicant who were represented by their union, namely, the Transport General Workers Union, in a labour dispute with their employer, the applicant. The dispute went to arbitration where labour arbitrator, Lester Murenje, made an arbitral award on 23 May 2014 directing the applicant ...
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HB146-16 : ADMIRE MAHACHI and NYARAI MPOFU and EMMANUEL MUGUTO and KNOWLEDGE SHAMHU vs OFFICER COMMANDING MATABELELAND SOUTH PROVINCE, N.O and COMMISSIONER GENERAL OF POLICE N.O.
Ruled By: MOYO J

This is an urgent application wherein the four applicants seek an interdict stopping the Commissioner General of the Police from transferring them from Beitbridge Police station prior to their Constitutional application which they filed with this court having been determined. I declined the order, and gave reasons in query form, but the applicants then requested for written reasons ...
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HH151-15 : CMED (PRIVATE) LIMITED vs KENNETH MAPHOSA and SHERIFF OF ZIMBABWE N.O. and ZIMBABWE REVENUE AUTHORITY
Ruled By: CHIGUMBA J

"The power of the lawyer is in the uncertainty of the law." Jeremy Bentham: The law is subject to interpretation, especially where it is not clear. Ordinary members of the public are usually not trained in the art of interpreting the law. They rely on the legal practitioners of their choice who practice this skill on a ...
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HMA12-18 : CONSTABLE CHIHWAI vs BOARD PRESIDENT N.O., CHIEF SUPERINTENDENT NYATHI M and COMMISSIONER GENERAL OF POLICE
Ruled By: MAFUSIRE J

This was an urgent chamber application. The relief sought was poorly laid out in the draft order. But its essence was basically an interim interdict to bar the police Board of Enquiry…, from investigating the suitability or fitness of the applicant, a police constable, to remain a member of the force, or to retain his rank or salary. ...
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HH260-14 : UZ – UCSF COLLABORATIVE RESEARCH PROGRAMME vs ISDORE HUSAIWEVHU and WALTER MUTOWO and FUNGAI ZINYAMA and THE SHERIFF FOR ZIMBABWE
Ruled By: MAFUSIRE J

This was an urgent chamber application for an interlocutory interdict. The applicant sought an order suspending the execution of a certain writ pending the determination of its application for leave to appeal to the Supreme Court that was pending at the Labour Court. Despite fierce opposition, I granted the relief sought and promised to provide my reasons ...
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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

This matter was set down on 22 June 2017 as an urgent chamber application. The applicant sought stay of his detention pursuant to disciplinary proceedings in accordance with the Police Act [Chapter 11:10], pending finalisation of his application for review, by the High Court, of the proceedings before a single trial officer.
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HH562-14 : WORLD EDUCATION vs PHANUEL KAPFUDZARUWA
Ruled By: TSANGA J

Section 92E(3) of the Labour Act [Chapter 28:01] makes it clear that an application for stay of execution can be made in the Labour Court pending an appeal.
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HH600-14 : DELTA BEVERAGES (PVT) LTD vs FREEDOM CHIMURIWO and CLERK OF THE MAGISTRATES COURT FOR THE PROVINCE OF MASHONALAND IN HARARE N.O. and MESSENGER OF COURT
Ruled By: CHIGUMBA J

This is a matter in which I was called upon to decide whether section 89(6), as read with section 89(1)(d1) of the Labour Act [Chapter 28:01] ousts the review jurisdiction of the High Court over matters that the Labour Court has exclusive jurisdiction over.The question for determination is whether the ...
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SC06-13 : UNIVERSITY OF ZIMBABWE vs KWANELE MURIEL JIRIRA and LOUIS MASUKO and THE DEPUTY SHERIFF, HARARE N.O.
Ruled By: ZIYAMBI JA

In chambers in terms of Rule 5 of the Supreme Court Rules.The applicant sought an order interdicting the respondents from levying execution on its property pending an appeal against an order of the High Court refusing it a stay of execution.The matter was brought before me as an urgent application.The ...
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Appealed
SC20-12 : ZIMBABWE OPEN UNIVERSITY vs GIDEON MAGARAMOMBE and DEPUTY SHERIFF HARARE N.O.
Ruled By: CHIDYAUSIKU CJ

This is a Chamber application in which the applicant, the Zimbabwe Open University (hereinafter referred to as "the University"), seeks the following relief –(a) An order that the appeal, SC25-12, be heard on an urgent basis; and(b) A stay of the sale in execution of the University's property, attached in ...