The applicants applied for a constitutional declaratory order. They moved the court to declare that corporal punishment in school and in the home violates the rights of children as set out in sections 51, 53 and 81 of the Constitution of Zimbabwe. They filed their application in terms of s 85 (1) (d) of the country’s Constitution (“the Constitution”). More
The applicant seeks a provisional order in the following terms:
TERMS OF FINAL ORDER SOUGHT
1. The 3rd respondent’s sentence under CRB 3039/22 against the applicant be and is hereby suspended pending the finalization of the appeal under case No. CA 205/22, App 38/22.
2. The respondents to pay costs of suit jointly and severally, one paying the others to be absolved.
INTERIM RELIEF GRANTED
Pending the confirmation or discharge of the provisional order, an interim relief is granted on the following terms –
1. The sentence of the 3rd respondent against the applicant in case No. CRB HREP 3039/22... More
The applicant seeks a provisional order in the following:
“TERMS OF FINAL ORDER SOUGHT
It be and is hereby ordered that:
(a) Provisional order granted in this matter be and is hereby confirmed;
(b) The order of the court a (sic) Harare Magistrates’ Court in CRB 4041/12 dismissing the applicant’s exception to the criminal charges levelled against him in terms of s 7 of the Children’s Act be and is hereby set aside;
(c) The charges pressed by the respondent in the Harare Magistrates’ Court in CRB 4041/12 be and are hereby quashed; and
(d) There be no order as... More
TAKUVA J: This is an application for summary judgment in which the applicant seeks the following relief:
“1. The application for summary judgment be and is hereby granted.
2. The respondent pays the applicant the sum of US$19700.00 (nineteen thousand seven hundred United States Dollars).
3. The respondent shall pay interest at the rate of 5% per annum from the date of the issue of summons to date of full payment.
4. The respondent shall pay costs of suit on an attorney and client scale.
5. The respondent to pay for collection Commission in terms of the Law Society of... More
The new High Court Rules being Statutory Instrument 202 of 2021 have ushered in challenges in as much as they have brought clarity in certain areas. The need to revisit and streamline the rules for the attainment of clarity, cohesion and practicality much needed to regulate and maintain a coherent justice delivery system calls for urgent attention. Rules should not have gaps nor leave the litigants or the court in a quandary as to what next to do in pursuing a certain procedure. Rule 42 is one such provision that requires attention as this case has shown. More
