This is an application for summary judgment in terms of Rule 30 subrule (1) of the High Court Rules, 2021. It is trite that an application of this nature may be made where the defendant has no bona fide defence to the plaintiff’s claim or based on a liquid claim such as an Acknowledgement of Debt duly entered into by and between the applicant and the respondent. More
The applicant is a corporate duly registered in terms of the laws of Zimbabwe. It is suing out for a declaratory order to the effect that the judgment debt in case number HC 1977/18 is payable in United States Dollars or in Zimbabwean dollars converted at the bank rate subsisting at the time payment will be made. The relief it seeks as per its draft is couched as follows: More
The applicant applied for bail pending trail. The applicant is awaiting trial on a charged of rape in terms of s 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. I dismissed the application. More
[1] This is a chamber application for the removal of a bar in terms of r 39 of the High Court Rules, 2021. The applicant seeks that the bar in HC 3614/23 (“the main matter”) be removed, and all the pleadings and documents filed after the automatic bar became operational be deemed to be properly before court, and that he be granted leave to file his replication and bundle of documents. More
The appellant, who was 18 years at the time of the alleged offence, was found guilty of raping an old woman of 77 years. He appeals against both conviction and sentence. He raised four grounds of appeal. The first ground was that the learned trial magistrate misdirected herself by convicting the appellant in light of the fact that the appellant gave a version of events which was reasonably possibly true and was not demonstrated to be false by the evidence led during trial. More
