The appellants were convicted of contravening ss 89, 113 and 140 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. Each appellant was sentenced to a total of forty four months imprisonment of which twelve months were suspended on condition that they paid restitution to the complainant. This is an appeal against both conviction and sentence. More
This is an application for a declaratory order and consequential relief in the form of specific performance. The application is opposed. The order sought is in the following terms;
1. the application is hereby granted.
2. It is hereby declared that:
2.1 a valid agreement of sale entered into in 2017 exists between the Applicant and Respondent over Stand 815 Sumben of Sumben Housing Project, Mount Pleasant, Harare, measuring 2,000 square metres (‘the stand’ or ‘property’); and
2.2 The applicant has a contractual right to specific performance of the agreement of sale. More
Applicant indicated that he was approaching the court in terms of s 25 of the Administration of Estates Act and High Court Rule 449(a). Section 25 of the Administration of Estates Act deals with the appointment of an executor. Applicant is not seeking the appointment of an executor. Rule 449(a) dealt with the correction, variation and rescission of a judgment obtained erroneously, in the absence of the affected party. The application was filed on 3 January 2022. Applicant ought to have referred to section 29 of the 2021 rules, Statutory Instrument 202 of 2021. Considering that both parties were not... More
The appellant was charged with and convicted of having contravened s 368 of the Mines and Minerals Act [Chapter 21:05] it having been alleged and proven that he unlawfully prospected for gold without a license. Section 368 of that Act reads:-
“368 Prospecting prohibited save in certain circumstances
(1) Subject to subsections (2) and (3), no person shall prospect or search for any mineral, mineral oil or natural gas except in the exercise of rights granted under a prospecting license, exclusive prospecting order or special grant or unless he is the duly authorized representative of the holder of such license,... More
The first, second and third respondents have through their legal practitioners requested that I prepare and avail my reasons for the provisional order which I granted in favour of the applicant on 21 September 2017. This application is one of those unusual ones where family members fight each other tooth and nail over earthly riches. More
