These two matters involve related issues between the same parties. It is convenient that they be dealt with together. The applicants in the first matter are the respondents in the second matter. They seek the provisional order under the certificate of urgency, suspending the order granted in favour of the respondent in a magistrate’s court in case number 9100/12 pending the determination of an appeal against that order filed with the Supreme Court. The back ground to these cases is that Precious ChinyereOkeke is married to Chief Jerome Okeke, a Nigerian businessman resident in Zimbabwe. At some point during their... More
This is an application for condonation for late filing of an appeal. The application is opposed.
The simple facts of this case are that applicant was a member of the Zimbabwe Republic Police “ZRP”. In 2015 he was convicted by the Magistrate for domestic violence. He was sentenced to perform community service of which he did. The applicant was later in October 2015 arraigned before a single trial officer for disciplinary hearing in terms of the Police Act. He was convicted and sentenced to pay a fine of $5. More
Five (5) different parties laid claim to various chattels seized by applicant (“the Sheriff”), in execution of a judgment in favour of the judgment creditor (“Gidza Credit”) against the judgment debtor referred herein as “Welli-Well”.The 5 different claims were consolidated and heard as one matter, issuing as they did from a judgment order of this court dated 3 January 2022 in HC 4098/20. Pursuant to that order, the Sheriff attached and uplifted an assortment of goods on 31 January 2022 at Welli-Well`s premises, being 499 Goodwin Road Willowvale Industrial, Harare. More
[1] This is a piecemeal judgment. For that and other reasons explained hereunder, the above remarks by CHITAPI J become quite relevant to the resolution of points in limine raised by first respondent, in this application for rescission of judgment.
[ 2] The Learned Judge`s observations in Exavier Maoneke v Trustees of Mount Olive Trust (supra), are but a timely reminder that objections in limine, like all other responses by a litigant to its opponent`s case, must at all times be correctly packaged and raised at an appropriate stage in the litigation lifecycle. Much has been said in this court... More
