This is an application for leave to appeal to the Supreme Court in terms of s 44(6) of the High Court Act [Chapter 7:06]. In particular, the applicant seeks leave to appeal against the decision of the High Court handed down on 20 March 2019 in Case No. 11141/18 (as Judgment No. HH 229-19). The effect of that judgment was to quash the criminal charges against the respondents in Case No. CRB P 9114-5/18 and consequently to order their acquittal on those charges. More
The facts of this matter are common cause. The appellant and thefirst respondent are companies duly incorporated in terms of the laws of Zimbabwe. On 22 June 2007, the second respondent published a forfeiture notice in terms of which part of the notice related to mining claim number 26736, known as Mutuwi. The mining claim was registered in the name of an entity known as Dimension Stone Quarries (Private) Limited. The notice stated that the mining location had on 20June 2007 been forfeited in terms of the Mines and Minerals Act [Chapter 21:05] (the Act). It also stated that it... More
This is an appeal against the whole judgment of the High Court of Zimbabwe (“the court a quo”) in which a preliminary point that the appellant failed to give the requisite notice in terms s 6 of the State Liabilities Act [Chapter 8:14] as read with s 196 (1) of the Customs and Excise Act [Chapter 23:02] before instituting proceedings against the first respondent was upheld. In the event of success, the appellant prayed for an order that the instant appeal succeeds and that the matter be remitted to the court a quo for it to be heard afresh before... More
The appellant and the first respondent are companies incorporated in terms of the laws of Zimbabwe. The first respondent is the owner of a certain piece of land, being two thirds shares of the Remaining extent of Teviotdale (hereinafter referred to as ‘part of the farm’) held under Deed of Transfer 8935/90. The appellant is the registered holder of a mining block consisting of ten gold reef claims named Forest K of Forest View (hereinafter referred to as ‘Forest K claims’) which block is situated on the respondent’s farm. More
This is an appeal against the whole judgment of the High Court sitting at Harare in which the court dismissed an application for the amendment of summons and plaintiff’s declaration in case number HC 9631/16. More
