“Clearly the High Court was correct in holding that it had no jurisdiction to deal with these three claims. It was however wrong, in upholding the plea in bar in respect of the last claim.
“I am inclined to agree with the appellant (Stanley Nhari) that the order dismissing the claim was, in the circumstances, improper. The court had found that it had no jurisdiction to entertain the claims because such claims lay in the province of labour.
“Having so determined there was therefore nothing that remained before the court. There was nothing further to dismiss,” the judge said, adding; “the claim of $588 000 delictual damages is remitted to the court aquo to be handled in terms of the rules of that court.”
Sometime in 2018, Nhari, who is being represented by Advocate Thabani Mpofu, took the former First Family to court accusing it of breaching terms of his employment contract together with their business, Gushungo Holdings (Pvt) Ltd.
In his claim, Nhari said the ex-President and his wife, Grace, used illegitimate influence and force to relinquish his position in October 2015 before ordering him to continue working for no outlay until November of the same year.
This then prompted Nhari to sue the Mugabes for allegedly “breaching the terms governing the relationship between the parties, by use of illegitimate influence, force and might”.
But, when the matter was brought before Justice Benjamin Chikowero, the latter determined that the lawsuit was not in any way a case to be adjudicated by the High Court.
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