Southdown Holdings Ltd v Mariwa (HH 161 of 2003) [2003] ZWHHC 161 (7 October 2003)

Southdown Holdings Ltd v Mariwa (HH 161 of 2003) [2003] ZWHHC 161 (7 October 2003)

An appeal against a dismissal decision made under a registered Code of Conduct does not suspend the employer's right to evict the former employee from company accommodation; the matter is governed by private law, and the applicant is entitled to summary judgment for eviction and damages.

Citation
[2003] ZWHHC 161
Parties
Applicant: Southdown Holdings Limited; Respondent: Joseph Mariwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 October 2003
Case Number
HH 161 of 2003
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the applicant.
Legal Topics
Summary Judgment, Eviction, Employment Termination, Holding Over Damages
Source Language
English
Employment Law Civil Procedure Summary Judgment Eviction Employment Termination Holding Over Damages

Case Brief

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Parties

Southdown Holdings Limited

Applicant

Joseph Mariwa

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the lodging of an appeal suspends the operation of a dismissal decision made under a Code of Conduct
  2. 2 Whether the applicant is entitled to summary judgment for eviction and damages despite pending appeals

Ratio Decidendi

An appeal against a dismissal decision made under a registered Code of Conduct does not suspend the employer's right to evict the former employee from company accommodation; the matter is governed by private law, and the applicant is entitled to summary judgment for eviction and damages.

Court Disposition

Summary judgment granted for the applicant.

Orders

  • Defendant's right to occupy the principal homestead at Roscommon Estate, Chipinge terminated with effect from 20 February 1999.
  • Defendant is ejected from the principal homestead at Roscommon Estate, Chipinge.