Supreme Court of Zimbabwe - 2012 May

3 judgments
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3 judgments
Citation
Judgment date
May 2012
Personal contractual right to transfer cannot defeat a bona fide purchaser’s registered title where payment condition was not met.
Property law – personal right to transfer under agreement of sale – res litigiosa not converting personal right into proprietary vindicatory right – bona fide purchaser for value without notice – specific performance conditional on payment – loss of dominium
20 May 2012
Whether an Overseer Miner’s failure to ensure a blasted site was made safe before work resumed constituted gross negligence.
Mining law; Overseer Miner’s statutory duty after blasting (s 31 S.I. 109/1990 as amended); delegation vs continuing duty; gross negligence; occupational safety in underground mining
13 May 2012
Dismissal for breach of trust was justified; appellate courts should not overturn employer discretion absent misdirection.
Employment law – Misconduct undermining trust – Misconduct going to the root of employment relationship – Employer’s disciplinary discretion – Appellate interference only for misdirection; irrelevant considerations.
7 May 2012