This is an application for an order declaring the applicant not guilty and acquitting her after a review of the proceedings leading to her conviction. The matter was placed before me as an ordinary court application although the proceedings in the magistrate’s court are not yet concluded in that she has not yet been sentenced. There are certain deficiencies to which I shall later return. The question raised in this application is whether this court has power to intervene in unterminated criminal proceedings in the exercise of its inherent powers of review. In order to answer this question it is... More
This application was filed on 19 December 2006 by the widow of the late Abisha Mapenzauswa. She is challenging the validity of the will and last testament of her late husband and its subsequent execution by the first respondent, the testamentary executor.
On 26 October 2000, the deceased executed a will and appointed first respondent testamentary executor. He married the applicant by civil rites on 21 April 2001. He died at the ripe age of 82 on 8 December 2004. His estate was registered with the Master in D/R 171/2005 by the testamentary executor on 12 May 2005. More
Respondent appealed to the lower court against a decision by Chief Nembire which had been passed on 28 November 2020. The judgment had been given in default against one Robert Kupfuwamhandu. The judgment, in essence, awarded Appellant land which was being occupied by the Respondent herein. Respondent was aggrieved and appealed to the lower court. The lower court set aside the judgment by Chief Nembire and ordered that Respondent continue residing at his communal homestead and use his fields as he used to do. Appellant was aggrieved and noted an appeal in this Court. More
The circumstances of this matter can best be understood if the historical background is given first. What happened is that on the 6th April 2005 and at Harare, the applicant Janet Mandaza (hereinafter referred to as the purchaser) entered into a written contract of sale agreement with one Whisper Rukanda wherein Mr Whisper Rukanda (hereinafter referred to as the seller) sold to Janet Mandaza a certain piece of land situate in the district of Salisbury called Stand 2576 Marlborough Township of Stand 2576 Marlborough Township measuring 504 square metres held under Deed of Transfer No. 697/2000. More
Plaintiff approached the court seeking to have an agreement of sale dated 11 March 2011 concerning house number C44 Chegutu be declared void and of no force. She also sought to be declared the lawful holder of title and rights to the same property. In addition, she sought consequential relief of the eviction of second defendant and all those claiming occupation through him from the property. More
