The appellant was arraigned before the Magistrates’ Court sitting at Harare on the following charges. Firstly, 66 counts of theft as defined in s 113(2)(c) of the Criminal Law (Codification and Reform) Act, [Cap 9:23] alternatively theft as defined in s 113(2)(d) of the same Act. Secondly, 73 counts of fraud. He was convicted after a lengthy trial of 66 counts of theft and of 70 counts of fraud. He was found not guilty and acquitted on the alternative charge of theft. He was sentenced as follows. All the theft counts were taken as one for purposes of sentence and... More
On 11 August 2023 applicants filed their answering affidavit and heads of argument. It is noted that on 3 August 2023 first respondent filed the first notice of opposition, the opposing affidavit of which does not have a date endorsed on by the commissioner of oaths. Contrary to what was agreed and ordered on 4 August 2023, by 17 August 2023 first respondent had not filed anything. It was only after follow ups were made that a supplementary notice of opposition was availed. Strangely the notice of opposition (supplementary) availed is dated 2 August 2023 and the opposing affidavit whose... More
This is an application for dismissal for want of prosecution of case number HC 8645/18. The following is the order sought.
1. The application for dismissal of the action in HC 8645/18 for want of prosecution be and is hereby granted.
2. The action in HC 8645/18 is and hereby dismissed for want of prosecution.
3. The Respondent shall pay the Applicant’s wasted costs in HC 8645/18 and costs of this application on attorney-client scale.
The application is opposed. More
KHALID MOHAMMED GOMAA SIAM(1st Applicant) was born in Palestine, migrated to Zimbabwe and was eventually registered as a citizen of Zimbabwe on 13th February 2009. DUNIA FAWZI FAYEZ SIAM (2nd Applicant) is a citizen of the Hashemite Kingdom of Jordan and a permanent resident of Zimbabwe. The first and second Applicants are husband and wife and also the biological parents of QUDS KHALID MOHAMMED GOMAA (3rd Applicant born 26th June 2001), AAYA SIAM (a minor born 29th March 2004) and WALEED SIAM (a minor born 10th January 2007). The children are holders of Zimbabwean Passports and Birth Certificates.Sometime in 2021... More
The application under HC 8522/19 was made in terms of r 449 (1) (a) of the old High Court Rules based on two (2) grounds, namely:
(a) The order was erroneously granted in the absence of the applicant, who is an interested party and whose rights were affected by the order concerned.
(b) The said order was granted in error since the party who obtained the relief was not the one who held the claims that were forfeited by the second and third respondents. The applicant argued that the claims were registered in the names of the fourth and fifth... More
