This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. More
This appeal primarily centres on whether the decision by the Magistrates Court in granting a spoliation order which had been applied for in the initial instance without the other side (ex parte) was proper. The facts against which the order was granted ex parte were these. The first respondent herein, Amon Nyasha Chihuri, approached the court below seeking return of a vehicle described as a Nissan UP truck registration number AFK 9644. Since the second respondent, the Messenger of Court is cited here in his nominal capacity and did not file any papers, for ease the first respondent shall be... More
The applicant was convicted by a magistrate court sitting at Harare on a charge of contravening section 136 of the Criminal Law (Codification and Reform) Act [Cap 9.23]. It was alleged that on the date unknown to the prosecutor but during the period extending from July 2012 to June 2013 and at LL Promotions, Harare, applicant unlawfully and with intend to defraud or realising that there was a real risk or possibility of defrauding, misrepresented to complainant Langton Chawota that he had a diplomatic bag in Benin, which contained USD 10 million which he wanted to be repatriated to Zimbabwe... More
This appeal centres on a land ownership dispute in Manjonjo Village, Murehwa. In hearing the matter de novo as per s 24(2) of the Customary law and Local Courts Act [Chapter 7:05] the Magistrate determined that the focus should be to ascertain, on a balance of probabilities, who is the owner of the land in the sense of who was actually allocated the land in the initial instance upon the facts submitted. This was in contrast to the Chief’s approach in the community court where the matter had been decided as if the dispute was one of boundaries. More
This is an application to strike out the declaration filed by the plaintiff on the ground that it is superfluous.
The plaintiff issued an endorsed summons which was accompanied by a declaration. Appearance to defend was then filed on behalf of the defendants. Subsequently the defendants requested for further particulars to which the plaintiff responded. The defendants again sought further and better particulars to which the plaintiff responded. The defendants then wrote to the plaintiff pointing out that the filing of a declaration was superfluous since the plaintiff had opted to file an endorsed summons. The defendants intimated an intention... More
