GLORIA MUGAURI

and

ENOCK MANYERE

versus

TROPICAL RESOURCES ECOLOGY PROGRAMME (TREP TRUST)

and

UNIVERSITY OF ZIMBABWE

and

PAUL MAPFUMO N.O

HIGH COURT OF ZIMBABWE

TAKUVA J

HARARE, 17 November 2025 and 26 March 2026

Court Application

M Seremani, for the applicants

No appearance for the 1^st respondent

T Chagudumba, for the 2^nd and 3^rd respondent

TAKUVA J: This is a court application to piece the corporate veil. The applicant seeks the following order;

“1. The application for piercing the corporate veil is hereby granted.

2. The Applicants be and hereby granted leave to execute the order granted in case NO. HCH 2927124 against the University of Zimbabwe and Paul Mapfumo N.O as the Vice Chancellor of the University of Zimbabwe.

3. Respondents to pay costs of suit.”

BACKGROUND FACTS

The Applicants, Gloria Mugauri and Enock Manyere, were at all material times employed by the first Respondent, Tropical Resources Ecology Programme Trust (“the Trust”). The Trust was established on 26 June 2002 by University of Zimbabwe, which acted as settlor.

During the course of their employment, disputes arose between the Applicants and the Trust, culminating in proceedings before a Labour Officer. On 17 September 2021, a determination was issued in which the Applicants succeeded against the Trust but the University of Zimbabwe was absolved of liability on the basis that there was no privity of contract between it and the Applicants.

The Labour Officer’s ruling was subsequently registered with the Labour Court under Case No. LCH 532/21, resulting in an order issued on 27 September 2022. That order confirmed relief against the Trust only, and not against the University. Notwithstanding this position, the Applicants later sought quantification of damages under Case No. LCH 77/23 and obtained an order which, at one stage, purported to extend liability beyond the Trust. However, this position was challenged, and on 20 May 2024, Justice Hove issued an order correcting the position, effectively removing any liability attributed to the University.

Following these developments, the Applicants successfully registered the judgment sounding in money with the High Court. The present application arises from the Applicants’ attempt to enforce that judgment.

The Applicants contend that, notwithstanding the formal separation between the Trust and the University of Zimbabwe, the Trust was in reality controlled and operated by the University. They allege that the trustees of the Trust were senior employees of the University, including the Vice Chancellor, and that the Trust’s operations were conducted within the University’s structures, including the Faculty of Science. They further aver that the Trust’s auditors were engaged through the University, that its meetings were chaired by the Vice Chancellor, Paul Mapfumo, and that its assets were administered through the University.

On this basis, the Applicants argue that there exists such a close nexus between the Trust and the University that the Trust is merely an alter ego of the University. They accordingly seek an order piercing the corporate veil of the Trust so as to hold the University liable for the judgment debt.

The Respondents oppose the application. The Respondents contend that the Trust was a separate legal entity, duly constituted in terms of a Trust Deed, and administered independently by its trustees. They deny that the University exercised such control as would justify piercing the corporate veil.

The Respondents further aver that the Applicants were, at all times, employees of the Trust and not of the University, and that this position was conclusively determined by the Labour Officer in 2021. They argue that the present application is an impermissible attempt to circumvent that earlier determination.

In addition, the Respondents raise several points in limine. Firstly, they contend that the matter has prescribed, as the facts upon which the Applicants rely were