The issue of compensation for improvements arises where movable things belonging to one person have been attached to another’s movable or immovable property. If moveable things are attached to immovable property (land) then the owner of the land becomes the owner of the whole. Put simply if A builds a house on land belonging to […]
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One of the fundamental precepts of natural justice, encapsulated in the maxim audi alteram partem, is the right of every person to be heard or afforded an opportunity to make representations before any decision is taken that might impinge upon his or her rights, interests or legitimate expectations. In labour disciplinary proceedings, the law requires
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According to the Married Persons Property Act (Chapter 5:12) people who marry in Zimbabwe are married out of community of property. The only exception is where the parties prior to the solemnisation of their marriage agree through an instrument in writing (antenuptial contract) that their marriage will be exempt from this legal regime. The Act
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One of the objectives of the Labour Act (Chapter 28:01) is to advance social justice and democracy in the workplace by securing the just, effective and expeditious resolution of disputes and unfair labour practices.(Section 2A(1)(f). In line with this objective, the Act frowns upon litigants who sit on their disputes or unfair labour practices in
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Breach of contract simply refers to the failure by a party to perform one or more of the terms of the contract. There are various forms of breach which include default by the debtor, default by the creditor, positive malperformance, prevention of performance and repudiation. This article however only focuses on breach of contract in
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The law on divorce in Zimbabwe is governed by the Matrimonial Causes Act (Chapter 5:13). The Act changed the law on divorce as it was prior to 1986. Before this ‘new Act” divorce was granted on the ‘guilty principle’. This meant that in every divorce matter there had to be a guilty party and an
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Transfer of an undertaking occurs when the whole or part of an employer’s business or undertaking is sold or transferred as a going concern to another employer. It can also arise as a result of merger of entities or demerger/unbundling of an entity. It is imperative for a potential investor or potential buyer of a
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A code of conduct refers to a set of rules of conduct, procedure, values and ethical principles which is used to govern the work place. Having a code of conduct in your workplace is key to provide staff with clear standards and expectations of how to conduct themselves at the workplace. The Labour Act Chapter
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An acknowledgment of debt is executed by the debtor in favour of the creditor wherein he confirms the existence of a debt of a stated amount. It is therefore a formal recognition of a debt by the debtor. It matters not that the document is not titled or worded ‘acknowledgment of debt’, if the effect
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A trademark is anything used to identify the source of a product or service, including alphabetic characters, numbers, a word, phrase, slogan, logo, colour, smell, sound, shape, package design, or a combination of these. A trademark distinguishes the product of one competitor to the other to ensure there is no confusion. The registration of trademarks
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