This is an urgent chamber application sui generis where the applicant is seeking a final order in the form of a declarateur against the respondents. The 2nd respondent has been cited in his official capacity as he had been in the previous suit. Under normal circumstances, an interim relief is sought by way of an urgent chamber leaving room for the parties to return to argue their case in support or against the granting of a final order. More
The applicant appeared before a regional court sitting in Chinhoyi facing ten (10) counts of robbery under RCHN 360/22. He also appeared before the same court under RCHN 338/22 facing seven (7) counts of robbery. More
The brief narrative is that the applicant entered into a lease agreement with the 1st respondent a juristic entity on the 5th of March 2018. The terms and conditions pertaining to the renewal and termination of the lease where embodied in the lease which is part of the record. By mutual consent the said lease which had been renewed for a further two terms was supposed to expire on the 31st of January 2021. In the interim, the 1st respondent subletted the property in issue to one of its then employees, the 2nd respondent, in February 2019. Somewhere along the... More
The applicant and the respondent were candidates in the Chinhoyi Municipality ward 4 elections held on the 23rd of August 2023. The respondent was declared the duly elected Councillor for the ward on the following day, the 24th. More
What confronts this court in this civil trial is a box ring match. There is no witness testimony, nor is there any other real, direct and independent evidence to support either side’s averments. It is the plaintiff’s word against that of his opponent. The mammoth task is the need to place before the court enough circumstantial evidence upon which the court can plough through to arrive at a reasonable inference exclusively pointing one direction as opposed to the other, intriguingly bearing in mind the parameters of the burden of proof in Civil matters. More
