The three cases above listed were placed before me on automatic review. On 12 March 2021 I issued a directive that the records be transcribed because I had difficulties in reading the handwriting of the learned provincial magistrate T. Chifamba, Esquire. The learned provincial magistrate dealt with all the three cases at Bindura Magistrates Court on guilty plea procedure. All the three cases suffer from the same procedural defect in the proceedings. The learned provincial magistrate did not comply with the peremptory provisions of s 271 (3) of the Criminal Procedure & Evidence Act, [Chapter 9:07]. More
The plaintiff is the owner of house number 10 Capri Road, Highlands Harare (“the premises”) which he let out to the first defendant by written lease agreement signed on 15 October 2008 through the agency of Vercham Real Estate. The lease agreement expired on 30 September 2009. More
As its name implies, the applicant is a housing cooperative society set up with the noble objective of providing accommodation to its members. The respondent is a member of the applicant. Stand 7296 Budiriro 4, is a property developed by the applicant and allocated to the respondent for his occupation. More
This is an application for summary judgment. The basis of the application is that sometime in 2010 respondent was supplied upon request on credit, cake flour by the applicant to its various branches throughout the country. The cake flour was valued at US$828 518.05. This amount was due and payable on 7 December 2010. Respondent acknowledged its indebtedness by securing US$700 000.00 via a surety mortgage bond number 1020/2010 by a company called Medworth Properties (Pvt) Ltd. A further US$218 240.00 was acknowledged via an acknowledgement of debt signed by respondent on 27 October 2010. Given the foregoing, the appearance... More
Before me were three matters divided into Volume I, Volume II AND Volume III.
Volume I is a court application under HC 5594/21 pitting MUGODHI APOSTOLIC FAITH CHURCH and DAVISON MANGOMA and 35 other named respondents. The application is for an interdict to bar respondents from entering into any of the first applicant’s premises or from interfering in any manner with its congregants, members, leaders, activities programmes and gatherings of its members. More
