This case first came to my attention by way of an urgent application under case number HC 10767/17. The parties were cited as Mike Jiri and Giant Munsaka as the applicants. The respondents were (1) Magistrate Chakanyuka N.O. (2) The Prosecutor- General (3) Chief Magistrate Mishrod Guvamombe N.O. and (4) Tariro Gwatidzo. The urgent application was for a stay of criminal proceedings in the Magistrates Court, the reason being that applicants suspected that the Magistrate was biased against them; and as a result they had sought that she recuse herself for refusing to furnish reasons why she had dismissed their... More
What happened prior to this application is briefly this:
In case number HC 2795/11, the first three respondents herein obtained a provisional order on 21 March, 2011 against the fourth respondent herein which inter alia provided that “pending the finalization of the applicants’ claim against the respondent, the respondent be and is hereby barred and interdicted from making or selling an (sic) offering for sale or exporting any and all of the articles listed in the schedule hereto attached.” The provisional order was confirmed on 4 April, 2011. The effect of it was to authorise the deputy sheriff to retain... More
: The plaintiff issued summons in which he claims for an order setting aside the cancellation of an agreement of sale between him and the first defendant and an order for specific performance for the delivery of the property, being a flat called Block 12, Room 93, Mufakose Flats. He later, by consent, amended his claim by adding an alternative claim for damages if the relief of specific performance cannot be granted to him. During the trial and as the plaintiff gave his evidence he indicated that he was abandoning the claim for specific performance. As a result the outstanding... More
On 1 February 2013, I dismissed the applicant’s application for bail pending appeal. I gave ex tempore reasons for my decision. The applicant requested the written reasons for my decision. The following are my reasons. More
On 31 August, 2010 I dismissed with costs an urgent chamber application on the ground that the matter was not urgent. The applicants have noted an appeal to the Supreme Court and have asked for the written reasons on which the dismissal was predicated. These are they. More
