Court name
Supreme Court of Zimbabwe
Case number
SC 39 of 2015
Civil Appeal SC 8 of 2015
Case name
Bungu & Others v Makarudze & Another
Law report citations
Media neutral citation
[2015] ZWSC 39
Judge
Ziyambi JA
Garwe JA
Guvava JA

Judgment No. SC 39/2015

Civil Appeal No. SC 8/15

1

 

 

  1. COSMAS     BUNGU (2)     THE     EXECUTIVE     COMMITTEE     HARARAE     MUNICIPAL     WORKERS     UNION (3)     THE     HARARE     MUNICIPAL     WORKERS UNION
  2.  

(1) JOHN     MAKARUDZE (2)     MAXWELL     MUNONDO

 

 

 

SUPREME COURT OF ZIMBABWE

ZIYAMBI JA, GARWE JA, & GUVAVA JA

HARARE, JUNE 30, 2015

 

 

 

 

T Mpofu, for the appellants

A Debwe, for the respondents

 

 

 

 

ZIYAMBI JA:           This matter was dealt with in the court a quo as a stated case.

 

At the hearing of the appeal certain issues arose which had not been canvassed by the parties in the court a quo:  for example, the issue of the validity of Clause 5 (a) of the new Constitution and the propriety of the dismissal of the respondents by the appellants.

 

These issues have a bearing on the issues that fell for determination by the court a quo in the stated case.

 

In the circumstances we are of the view that the appropriate course to take would be to remit the matter to the court a quo so that all the issues can be properly ventilated in a trial.

 

Accordingly we make the following order:-

  1. The matter be and is hereby remitted to the court a quo for continuation.
  2. The parties are given leave to convene another Pre-trial Conference to agree on the issues to be determined at the trial and the filing of any further pleadings which may be necessary.
  3. Costs are to be in the cause.

 

 

 

GARWE JA:                         I agree

 

                       

GUVAVA JA:                       I agree

           

 

Matsikidze & Mucheche, appellants’ legal practitioners

 

Debwe & Partners, respondents’ legal practitioners