Results.
175 judgments found.
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| February 2024 |
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Fleet Mechanic not covered by Shop Workers Order; awarded statutory gratuity under Employment Code Act; salary and leave claims dismissed.
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Employment law — Minimum Wages and Conditions of Employment (Shop Workers) Order — scope and applicability — worker categories; Employment Code Act 2019 — gratuity mandatory under s.73 for long-term contracts; Contractual entitlement to allowances; Procedural conduct — failure to attend hearing and costs.
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27 February 2024 |
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Employer's late non-renewal, tied to flawed disciplinary process, breached legitimate expectation; damages awarded (12 months' salary).
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Employment law — fixed-term contract non-renewal — legitimate expectation and promissory estoppel — procedural fairness in disciplinary proceedings — wrongful and unfair termination — remedy: damages (12 months' salary) not reinstatement.
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23 February 2024 |
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Court set aside default judgment and granted leave to defend, requiring defence to be filed within 14 days.
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Civil procedure — setting aside default judgment — discretionary power — requirements: bona fides, reasonable explanation for default, absence of mala fides — defence on the merits/triable issue — no mini‑trial; consider evidence likely at trial.
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22 February 2024 |
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The applicant awarded leave pay, salary arrears and statutory severance; severance accrues from May 2020 and is not a pension benefit.
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Employment law — leave pay — employer admission to indebtedness; Employment Code Act 2019 s.54 — severance/gratuity for permanent employees; accrual of statutory severance from end of transition (May 2020); distinction between severance and pension benefits for payroll retention; acceptance of employer-signed computations as evidence; costs for unreasonable non-appearance.
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20 February 2024 |
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The applicant’s appeal filed outside the seven‑day period under Order XXX rule 10 was time‑barred and dismissed for want of jurisdiction.
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Civil procedure
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Appeals from Registrar — Time limits under Order XXX rule 10 HCR — Effect of non‑compliance and want of jurisdiction
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Procedure — Strict adherence to rules of Court — Time‑barred appeals cannot be entertained
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Extensions of time — Requirement for prior leave or extension by Registrar/Judge
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18 February 2024 |
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Applicant awarded salary underpayments and statutory gratuity due to employer’s non-compliance with minimum wage requirements.
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Labour law — Minimum wages and protected employees — Contractual pay below statutory minimum void to extent of contravention — Statutory gratuity for long-term contracts — Proof and pleading requirements for leave claims — Costs for non-appearance.
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16 February 2024 |
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Application to file a reply out of time refused due to inordinate delay, unsatisfactory excuse and prejudice to the defendants.
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Civil procedure — extension of time — Order XIX Rule 2 — non-compliance with directions — delay, inadequate excuse (advocate illness), prejudice to respondent — Access Bank precedent; discretion to refuse late filings
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12 February 2024 |
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Court varied prior custody order after children's expressed preferences, awarding custody to the respondent and discharging the injunction.
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Matrimonial law — custody variation — children’s views and best interests — review/variation of court judgments (Order 39) — ex parte matrimonial injunction discharged.
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7 February 2024 |
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Under Debtors Act s4 the court found evidence of means to pay and issued a suspended 30‑day committal order pending payment.
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Debtors Act s4 — committal for default; proof of means to pay — documentary evidence and reasonable inference; Order 3 Rule 2 inapplicable post-judgment; suspended custodial committal; bank payment instruction as evidence.
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7 February 2024 |
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Decree Nisi granted on consent where two-year continuous separation proved; property settlement referred to mediation.
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Family law — Matrimonial Causes Act (Sections 8, 9(1)(d), 41) — irretrievable breakdown due to two-year separation — consented Decree Nisi — referral of property settlement to mediation under High Court Rules (Order 31 Rule 4).
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5 February 2024 |
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Court granted mutual interim injunctions to preserve disputed land pending trial, finding a serious question to be tried.
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Interim injunctions — American Cyanamid test — serious question to be tried — preservation of subject matter — mutual/reciprocal injunctions — leave to appeal granted
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1 February 2024 |
| January 2024 |
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An interim injunction was granted to restrain dealing with disputed land pending final determination due to irreparable harm.
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Injunctions — interim relief — preservation of status quo — irreparable harm — serious question to be tried — balance of convenience — restraint on dealing with disputed land
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31 January 2024 |
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Court dismissed the plaintiff’s property-title suit as an abuse of process because identical issues were pending on appeal and in related criminal proceedings.
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Civil procedure — abuse of court process — duplicative proceedings and pending appeal — execution of prior judgment — concurrent civil and criminal proceedings involving same property and parties
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31 January 2024 |
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Where title is contested, summary proceedings under Order 113 RSC are inappropriate; matter deemed commenced by writ under Order 28 r.8 RSC.
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Civil procedure — summary proceedings (Order 113 RSC) — inappropriate where title is contested; Civil procedure — deemed commencement by writ (Order 28 r.8 RSC) — affidavits to be treated as pleadings; Joinder of parties — effect on procedural route; Costs — no order.
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31 January 2024 |
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Order 14A cannot be used to determine factual trespass or nuisance disputes requiring trial evidence; application dismissed.
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Procedure — Order 14A RSC — Preliminary issues suitable for determination without trial — Requirements: suitability and finality — Locus standi — Trespass and nuisance require trial evidence — Avoid pre-empting substantive issues.
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30 January 2024 |
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Applicants declared prohibited immigrants are entitled to temporary permits under section 27 while judicial review of their deportation is pending.
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Immigration law — Temporary permits under section 27 — Prohibited immigrants under section 35 and Second Schedule — Exception where court proceedings pending (section 35(3)) — Effect of leave to apply for judicial review as stay of deportation.
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26 January 2024 |
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Decree Nisi granted on two years' separation plus consent; custody, maintenance ordered and property settlement referred to mediation.
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Family law — Divorce — Irretrievable breakdown by two years' separation with consent — Undefended divorces decided on affidavit evidence (Special Procedure) — Order 30 Rule 6A High Court Rules — Decree Nisi; custody and maintenance; property settlement referred to mediation.
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22 January 2024 |
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Court granted Decree Nisi on five years’ separation via Special Procedure, awarding custody to the applicant and costs each to bear own.
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Family law — Divorce by Special Procedure — Irretrievable breakdown proven by five years’ separation — Determination on affidavit under Order 30 Rule 6A — Decree Nisi granted; custody and maintenance orders; each party to bear own costs.
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22 January 2024 |
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Decree Nisi granted for five‑year separation under Special Procedure; property settlement referred to mediation; respondent ordered to pay costs.
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Divorce law — irretrievable breakdown — five years' separation; Special Procedure (Order 30 Rule 6A) — determination on affidavit/documents; Decree Nisi; property settlement referred to mediation (Order 31 Rule 4); costs awarded to petitioner.
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22 January 2024 |
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Undefended divorce granted on two years' separation with consent; custody and maintenance ordered; each party to bear own costs.
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Matrimonial Causes Act s.8 & s.9(1)(d) — dissolution for irretrievable breakdown; Special Procedure for undefended divorce — two years' separation plus consent; High Court Rules Order 30 Rule 6A — determination on documents; custody and maintenance orders; costs each party to bear own.
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22 January 2024 |
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Failure to inform a detainee of arrest grounds renders detention unlawful; petitioner awarded general and exemplary damages.
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Constitutional right to personal liberty (Art.13) — duty to inform detainee of reasons for arrest (Art.18(2)(d)) — section 33 CPC — unlawful detention where reasons not promptly disclosed — exemplary damages against State for arbitrary/contumelious conduct — detainee access to food and communication are justiciable rights.
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17 January 2024 |
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Determination of whether railway reserve boundaries can be altered requires trial due to conflicting survey evidence and expert issues.
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Land law — railway reserve strip (Farm 1209) — Mashona Railways Company Act; Railways (Deviations) Act — boundary verification; survey inconsistencies and missing beacons; Order 14A summary determination unsuitable where expert evidence required; encroachment; costs in the cause; leave to appeal granted
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11 January 2024 |
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Court refused to quash Minister’s decision but ordered Minister to operationalize the Mining Appeals Tribunal and hear the applicant’s appeal.
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Judicial review — certiorari and mandamus — limits of review (process not merits) — procedural impropriety, illegality, unreasonableness — duty to constitute/operationalize Mining Appeals Tribunal — deemed filing of appeal — exhaustion of administrative remedies.
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11 January 2024 |
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Court permitted joinder after judgment where an affected party lacked proof of service and had an interest in the proceedings.
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Joinder after judgment; Order 14 Rule 5 (High Court Rules); Order 15 Rule 6 (Supreme Court Rules); Order 53 Rule 9 (judicial review); functus officio exception; lack of service/affected party; avoidance of multiplicity of actions
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11 January 2024 |
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New tenancies refused where landlord proved persistent rent arrears, substantial breaches, and intention to reconstruct premises.
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Landlord and Tenant (Business Premises) Act — s6 (application for new tenancy); s11 (grounds to oppose: persistent delay in paying rent; substantial breaches; intention to demolish/reconstruct); s12 (court must refuse if landlord proves grounds); s13(1)(a) (possession during renovations) — security of tenure balanced against landlord's proven grounds.
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5 January 2024 |