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
This is an application made in terms of Order 28 r191 of the High Court of Zimbabwe Rules,1971 for leave to administer interrogatories in a matter in which the plaintiff, a senior legal practitioner and a partner at the law firm of Gill, Godlonton & Gerrans in Harare, has sued the first defendant, a detective inspector in the Zimbabwe Republic Police(‘ZRP’) the second defendant, a detective chief inspector in the ZRP, the third defendant who is the Commissioner General of the ZRP, the fourth defendant, who is the Attorney General of this country and the Co - Ministers of Home... More
On 2 November 2009, the applicant was arrested by the 1st respondent on allegations of contravening section 184(1)(c) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The allegations were that he had obstructing the course of justice by attempted to interfere with the Attorney General of Zimbabwe in the discharge of his duties. On 3 November, 2009, the applicant filed an urgent chamber application in case No. HC 5369/09 seeking in the interim, his release from police custody. In the final relief, he sought a declarator that his arrest and detention were unlawful. The application was, on my... More
