The appellant appeared before the provincial magistrate at Kwekwe Magistrates’ Court on 28 August, 2009 for trial. He was charged with and pleaded guilty to 5 counts of unlawful entry as defined in s 131 of the Criminal Law Codification and Reform Act, [Chapter 9:23] and 5 counts of theft as defined in s 131 of the same enactment. The appellant was sentenced to 2 years imprisonment on each of the 10 counts as aforesaid. The total sentence imposed therefore was 20 years imprisonment. 3 years of the sentence was suspended for 5 years on the usual condition of future... More
This is an application for the ejectment of the respondent and all persons claiming occupation through it from premises known as Number 61 Leopold Takawira Street, Harare, together with holding over damages in the sum of US$166.66 per day calculated from 01 August 2012 to the date when the defendant vacates the premises. The factual background to the dispute is as follows: More
On 23 June 2008 the plaintiff issued summons out of this court against the defendant. After the plaintiff furnished it with the further particulars it requested, the defendant, inter alia, excepted to the summons and declaration on 3 October 2008. The basis of the exception was that the defendant had ceased to exist both at the time the cause of action arose and at the institution of proceedings. More
: This is an urgent chamber application wherein applicant seeks stay of executor.
The facts as given in the founding affidavit are as follows:
On 30 November 2011 first responded issued summons against the applicant for malicious prosecution malicious arrest and detention for USD 400 000 plus interest.
The matter was set down for trial in the course of the trial an application for absolution from the instance was made and it was granted in favour of the applicant. First respondent appealed that judgment to the Supreme Court. Under SC 51/19 the Supreme Court rendered a judgment in favour of... More
This is a court application for dismissal of an action on the ground that it is frivolous and vexatious. The application was filed in terms of rule 31(1) of the High Court Rules, 2021. After hearing submissions from counsel, the court upheld the point in limine that the first to third respondents’ opposing papers were invalid. The court struck out the said notice of opposition and opposing affidavits and proceeded to deal with the matter as an unopposed application. More
