this is an urgent chamber application for a spoliation order in which applicants are seeking the following relief:-
1. That respondents be ordered to restore applicants’ possession of the 16 tonnes of scrap metal that they removed from applicants’ possession at Costas Business Centre in Zvishavane on 1 September.
2. Second respondent pays applicants’ costs of suit on the legal practitioner and client scale.
The facts of the matter as can be gleaned from first applicant’s founding affidavit to which second applicant associated himself with are that,
1. The two applicants are into scrap metal buying and selling business.
2.... More
The applicants and the first and or second respondents are embroiled in an ownership dispute over land called the Remainder of Lot 12 of Tynwald, Harare held under deed of transfer No 4209/86. There have been and still remain various litigations between the parties concerning the aforesaid piece of land. More
The applicant instituted eviction proceedings in the Kadoma Magistrates court against the respondents from a property called Stand 197 Kadoma Township, Kadoma. The claim for eviction was dismissed by the court a quo. The date of judgment is in dispute between the parties. The applicant which appear attached a copy of the handwritten judgment to its founding affidavit. There are two dates which appear at the end of the judgment. The dates are 19 December, 2018 which is handwritten with the magistrate’s signature on the side. Below the date and signature, there is franked thereon the official court stamp of... More
The applicant has through the Registrar requested for written reasons for dismissing his application for bail pending appeal. I dismissed his application on 26 September 2018. In my brief reasons for dismissing the application I endorsed as follows on the result slip:
“Reasonable prospects of success on appeal on grant of condonation of late noting of appeal –
(1) Fact that leave to appeal out of time granted does not translate to a finding that bail pending appeal be granted automatically and application dismissed.
(2) If full judgment is required applicant may request for same through registrar More
The applicant approached this Court seeking an order of rescission of judgment in terms of rule 27 of the new High court rules that was granted by this court on default for failure to plead to the notice to plead served on him. This court after perusing and hearing both parties it gave ex-temporae judgment whereupon the application was dismissed. The applicant a self-actor has since noted an appeal to the Supreme Court and has now asked for written reasons for dismissal. More
