The applicant company is the former owner of a certain piece of land known as Elsinora, situate in the Mazowe district. This property is also known as “D” section of Forrester Estate. It is common cause that this property has been acquired by the Statein terms of s 16B of the Constitution of Zimbabwe. In its founding affidavit sworn to by its Finance Director, PhilimonMugari, the applicant has averred that the property had not been acquired by the State. At the hearing of this application counsel for the respondent Advocate Uriri, conceded that the property had indeed been acquired by... More
The applicant filed an application for a spoliation order. The basis of the application is that on 9 January 2010 the respondent, together with six other men entered into the applicant’s farm and they forcibly dismantled a maize silo. This was without the consent of the applicant neither was there a court order authorizing them to do so. More
In this urgent chamber application the applicant seeks a provisional order in the following terms:
“1. TERMS OF FINAL ORDER SOUGHT
1.1. The provisional order be and is hereby confirmed
1.2. That the respondent shall pay costs of suit.
2. INTERIM RELIEF GRANTED
A “Mandament van spolie” be and is hereby granted restoring the “status quo ante” which prevailed prior to the 1st October 2010 to the respondent’s occupation of a piece of land known as Elsinora, situate in the district of Mazowe, and that such restoration be achieved by the eviction of the respondent, his possessions and all persons... More
This is an application for bail pending appeal. The brief facts are that applicant was charged and convicted of contravening s 70 of the Criminal Law (Codification and Reform) Act [Cap 9:23] and was sentenced to 10 years imprisonment after the court a quo found him to be infected with the HIV virus. The applicant noted an appeal against conviction and sentence. At the bail hearing applicant correctly abandoned the appeal against sentence. More
The Applicant approached this court by way of court application seeking a declaratory order in terms of Section 14 of the High Court Act [Chapter 7:06].The applicant’s draft order reads as follows:
“1. An application for Declaratory Order be and is hereby granted in favour of the Applicant in the following terms;
(a) Applicant be and is hereby declared the lawful holder of rights, title and interest in property known as stand number 6401 Retreat Waterfalls.
(b) Firstrespondent and all those in occupation through her at property known as No. 6412 Retreat waterfalls be and hereby are ordered to forthwith... More
