This is an appeal against the judgment of the Magistrates Court.
Before the court a quo respondent obtained a default judgment. The default order in essence directed appellant to return respondents motor vehicle, a mercedes benz with registration numbers AFM 4421 to the respondent.
Appellant filed an application for they rescission of the earlier default judgment. The court a quo after due consideration rendered an order dismissing the application for rescission. Appellant dissatisfied with the judgment has noted an appeal which appeal is now before us. More
The plaintiff, Civil Aviation Authority of Zimbabwe contracted Combine Cargo (Private) Limited as clearing agents between the months of March 2010 to April 2010 for goods which it had imported. The plaintiff paid Combine Cargo (Private) Limited US$139 189.39 which was meant for ZIMRA charges (Duty, VAT and other charges). In 2011 ZIMRA officials approached the plaintiff and indicated that the aforementioned goods had not been cleared properly as the customs duty amounting to USD$139 189.31 was outstanding which amount Combine Cargo (Private) Limited claimed to have paid to ZIMRA but could not produce proof thereof. In January 2014 ZIMRA... More
At the hearing of this matter on 24 May 2018 there was no appearance for the respondent. The applicant through its legal practitioner, moved, that notwithstanding the default of the respondent the matter must be considered on its merits. Mr Ahmed who appeared for the applicant also submitted that the respondent was in any event barred for failing to file heads of argument timeously in terms of the rules. The certificate of service which was filed on 28 March 2018 shows that the applicant’s heads of argument were served upon the respondent on 28 March 2018 at 1159 hours. The... More
This is an application for bail pending appeal against conviction only. On 14 April 2022 the applicant was convicted of two counts of rape as defined in s 65 of the Criminal Law Code. With both counts treated as one for the purposes of sentence the Regional Court imposed a sentence of 20 years imprisonment of which 5 years imprisonment was suspended for 5 years on the condition of good behaviour. More
MAKONI J: The applicant, at one point was the registered owner of Stand 606 Northwood Township 4 of Sumben. The property was sold in execution at a public auction and the respondent was confirmed as the highest bidder. The property was transferred into her name on 24 November 1992. The applicant was not happy with the developments resulting in him instituting a plethora of cases against the respondent and other parties. This culminated in the High Court inMhiniv Mapedzamombe 1999(1) ZLR 561 (H) making an order of perpetual silence and that the applicant had to apply for leave of this... More
