The applicants together with other seven co-accused persons are charged with five counts of armed robbery as defined in terms of s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the Criminal Code”). More
In this urgent chamber application, the applicant seeks, ostensibly on an interim basis, an order directing the first respondent to hand over forthwith to the conveyancer, the original title deed for a certain property. The order is sought pending the return day. On the return day, the applicant seeks a final order compelling the first respondent to sign all the documents necessary to effect transfer of the property to the applicant, failing which the Sherriff should sign. Costs are sought on the higher scale.
[2] The background is largely common cause. It is this. By a written agreement of sale... More
The facts peculiar to this urgent chamber application are that the applicant and second respondent entered into a long-term lease in respect of a property known as Machipisa Bar and Silver Room Tavern, Stand No. 4292 Machipisa, Harare. The material terms of the agreement were that: the applicant would pay the sum of US$ 3 500, being the monthly rental payable on the first day of the month. In addition, the lease would expire in 2032, i.e. ten years from the date of signing. The applicant was also authorized to do construction work and to renovate the premises. The applicant... More
This is an appeal against the decision of the Magistrate Court in which the appellant, Kandrick Investments (the Appellant) was evicted from premises known as Stand 5856 Chaminuka Street, Mbare, Harare (commonly known as Vito Bar and Red Room Tavern). The first respondent, City of Harare, had brought a counterclaim for the eviction of the Appellant from the premises. The background to the counter claim was that the Appellant initially issued summons against the second respondent, Blessed Charakupa for his eviction from what it termed its premises known as Shop No. 94 B Kandrick, Vito Complex, Mbare, Harare. Appellant had... More
When this matter was first placed before me on 23 February 2012 I was of a very strong view that the matter did not deserve to be treated on urgent basis because of the apparent casual approach adopted by the applicant in its handling this matter. More
