This is a court application for eviction of the respondent and all those claiming occupation through him from applicant’s premises being described as Chizinga Assembly, Chizinga Shopping Centre, Mhondoro which premises the respondent is in unlawful occupation and possession.
Historically and at all material times, applicant was the owner and remains the owner of a mission house and church building at Chizinga Assembly, Chizinga Shopping Centre, Mhondoro. Sometime in 2018 the church faced a leadership dispute which resulted in a legal battle between two factions. During this period the church witnessed a split which saw most of the Pastors either... More
Having obtained a spoliation order on the 10th of November2021 under HC 5549/21against dispossession of church premises by the respondent, the applicant sought leave to execute pending an appeal that has been lodged by the respondent against the granting of that order. The matter was set for hearing on the25th ofNovember2021 when the respondent requested to formally file a point in limine for consideration regarding referral of the matter to the Constitutional Court in terms ofs175(4) of the Constitution of Zimbabwe 2013.The request to file a formal application for consideration of referral of the matter to the Constitutional Court was... More
At the conclusion of hearing the appeal we unanimously agreed to have the conviction set aside and the sentence quashed. The following are the reasons that informed the upholding of the appeal. More
It is common cause that the applicants are members of the CCC which is a political party. It is the party that nominated them to fill 10 proportional representation seats in the Bulawayo Provincial Council. They were nominated to be on CCC’s Party List. Their complaint is against the 1st respondent’s alleged refusal to allow them to file their nomination papers on the basis that he claimed they were out of time. The Respondents have argued that the applicants do not have locus standi to bring this application to Court. It is their political party that has such rights. The... More
The appellant pleaded guilty and was convicted and sentenced to terms of imprisonment by the provincial magistrate sitting at Harare on 14 July, 2020 on three charges of assault as defined in s 89 (1) (a) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] and two charges of kidnapping as defined in s 93 (1) (a) of the same enactment.
The appellant was dissatisfied with the convictions and sentences imposed. He noted an appeal against both conviction and sentence on 21 July, 2020. At the hearing of this appeal, the appellant’s counsel abandoned the appeal against conviction but... More
