The background to this matter is spelt out in the judgment of MUSAKWAJ in Chiriga Estates and 2 others v Minister of Lands and Rural Resettlement & 9 Others HH 34/10 (HC 665/10), hereinafter refereed to as “the first application”. The current application shall be referred to as “the second application”. When the second application was brought before me, the first respondent raised the issue of res judicata, as a preliminary point. The plea was upheld on 19 March, with reasons to follow. It is the reasons for upholding this preliminary point that this judgment addresses. More
This is an application for confirmation of a provisional order issued by this court on 10 November 2011. The interim relief that was granted on that date was that:
1. The respondent shall forthwith cease any improvements on the property known as stand number 927 Forbes Road, Uplands Waterfalls Harare, and shall remove from the property, all his movable goods and effects.
2. Costs shall follow the cause.
The relief that the applicants now seek is confirmation of the terms of the final order which reads as follows: More
The first – third appellants filed their joint appeal under case No. B 429/21. The fourth appellant separately filed his appeal under case No. B 494/21. The bail applications were set down for hearing on the same date. The appellants are all co-accused in the case for which bail was refused by the magistrate and is now subject of this appeal. By agreement of counsel, the applications B 429/21 and B 494/21 were consolidated for purposes of hearing and judgment. This explains why the fourth appellant has been cited as such. More
This application is aimed at the restoration of applicant’s peaceful and undisturbed possession and occupation of KOODOO 10 gold …..claim and for a prohibitory order, barring the first to ninth respondents and their agents from interfering with applicant’s peaceful and undisturbed mining activities at KOODOO 10 gold ….claim in Chitiyo Village MakahaMudzi District following the grant of an order by MANYANGADZE J on 8 August 2023. More
This is a Court Application for a Declaratory Order in terms of section 14 of the High Court Act [Chapter 7:06] as read together with Order 32 r 226 (1) (a) of the High Court of Zimbabwe Rules, 1971. In this application the applicants have to satisfy the court that they are interested parties, that there is a right or obligation which becomes the object of the inquiry, they are not approaching the court for what amounts to a legal opinion upon abstract or academic matters and that consideration of public policy favours issuance of the declaratory. More
