Ncube and Ors v Solusi University (HC 1528 of 2007; HC 1989 of 2008; Ref HC 1528 of 2007) [2008] ZWBHC 18 (12 November 2008)

Ncube and Ors v Solusi University (HC 1528 of 2007; HC 1989 of 2008; Ref HC 1528 of 2007) [2008] ZWBHC 18 (12 November 2008)

Dismissed employees have no legal right to remain in employer-provided accommodation after termination of employment, regardless of pending appeals or unpaid damages. The benefit of occupation is tied to the employment contract, which has ended.

Citation
[2008] ZWBHC 18
Parties
Applicant: Ignatius Ncube; Applicant: Samukeliso Sibanda; Applicant: Mandla Mlotshwa; Applicant: Sibongiseni Mlotshwa; Applicant: Lucas Mafu; Applicant: Evelyn Garidzani; Applicant: Never Jekesa; Applicant: Nkosiyabo Thabethe; Applicant: Macleans Mzumara; Applicant: Malusi Ngwenya; Applicant: Shirlor Nyakumbi; Respondent: Solusi University
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
12 November 2008
Case Number
HC 1528 of 2007 ; HC 1989 of 2008 ; Ref HC 1528 of 2007
Procedural Posture
Civil / Ruling on Application for Stay of Execution
Outcome
application dismissed
Legal Topics
Eviction, Termination of Employment, Stay of Execution, Damages, Costs
Source Language
English
Employment Law Civil Procedure Eviction Termination of Employment Stay of Execution Damages Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ignatius Ncube

Applicant

Samukeliso Sibanda

Applicant

Mandla Mlotshwa

Applicant

Sibongiseni Mlotshwa

Applicant

Lucas Mafu

Applicant

Evelyn Garidzani

Applicant

Never Jekesa

Applicant

Nkosiyabo Thabethe

Applicant

Macleans Mzumara

Applicant

Malusi Ngwenya

Applicant

Shirlor Nyakumbi

Applicant

Solusi University

Respondent

Procedural Posture

Civil / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether dismissed employees are entitled to remain in occupation of employer-provided accommodation pending appeal and payment of damages
  2. 2 Whether the existence of unpaid damages entitles former employees to retain possession of staff housing

Ratio Decidendi

Dismissed employees have no legal right to remain in employer-provided accommodation after termination of employment, regardless of pending appeals or unpaid damages. The benefit of occupation is tied to the employment contract, which has ended.

Court Disposition

application dismissed

Orders

  • Provisional orders granted on 3rd and 4th October 2008 are discharged.
  • Applicants to pay costs of the application on an attorney and client scale.