This is an application for absolution from the instance at the close of the plaintiff’s case which the plaintiff has opposed. The plaintiff is a Construction Company. It was engaged by the defendant to render certain construction services to defendant’s property at 110 Swan Drive Alexandra Park Harare namely making certain additions and alterations to an existing dwelling and erecting a boundary wall and modifying the gate as per detailed drawings. More
The three matters above were dealt with by the same Provincial Magistrate sitting at Mbare. The trials of the accused persons were disposed of by guilty plea procedure in terms of s 271(2)(b) as read with s 271(3) of the Criminal Procedure & Evidence Act, ([Chapter 9:07]. In the case of S v Febbie Mukotodzi CRB 2422/21 the accused on his guilty plea was convicted of assault as defined in s 89(1)(a) of the Criminal Law (Codification & Reform) Act, [Chapter 9:23] (“Criminal Code”). It was alleged that the accused slapped the complainant several times on the face on 15... More
At the hearing of this matter, I dismissed the application with costs and advised that the reasons will follow later. These are they:
The applicant approached this court seeking an order that the agreement of sale entered into by Miriam Chada (Miriam) acting as Executor of the Estate late Selestino Chada be declared valid, that the second respondent be ordered to effect cession of house number 727 Glen Norah A (“the property”) into the applicant’s name and that the respondents pay costs of suit. More