The appellant as accused No. 5 appeared before the provincial magistrate with four alleged accomplices on 30 October, 2020 facing a charge of robbery as defined in s 126 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. The quintet was placed on remand following which they applied for bail pending trial which was denied by the said provincial magistrate. The appellant filed an appeal against the provincial magistrate’s decision to deny him bail on 13 January 2021. On 15 January 2021, the appeal was set down before FOROMA J whom postponed the matter to 19 January 2020 at... More
Compliance with court orders by some government officials acting in their official capacity is often problematic. This is despite the constitutional provision that obligates all citizens and state entities to observe the rule of law. This case is a clear example of reluctance to comply with a court order. This application is premised on the allegations that the first respondent defied an extant order of this court necessitating filing of the application for contempt of court in terms of r79 (1) of the High Court Rules, 2021. More
Applicant approached this court for a declaratory order and consequential relief. The application was filed on 31 August 2022. Applicant filed all her pleadings with the heads of argument being filed on 13 January 2023 and served on the respondent’s legal practitioners on 16 January 2023. No heads of argument were filed by the respondent. This application was set down for hearing on 26 May 2023. At the commencement of the hearing, respondent’s counsel made the submission that he had not filed respondent’s heads of argument, as such respondent was barred. He then advised the Court that in terms of... More
This is an appeal against eviction whereby the Magistrates’ Court ordered that the appellant (as the defendant in the court below) and all those claiming occupation through her be evicted from stand 40260 Belvedere, Harare. Costs were also granted against the appellant on an ordinary scale. More
The first and second plaintiffs are wife and husband. On 22 November 2013 along Enterprises Road in Harare occurred a motor vehicle accident. The collision was between a motor vehicle driven by the first plaintiff, which belonged to the second plaintiff, and the other driven by the defendant. The defendant was at fault. He paid an admission of guilty fine with the Police for driving without due care and attention. More
