The chronology of events leading to the filing of an exception is as follows;
The plaintiff issued summons against the defendant on 29 December 2020. The summons and declaration were served on the defendant on 3 March 2021. The defendant entered an appearance to defend on 12 March 2021. On 29 March 2021 the defendant filed and served on the plaintiff a request for further particulars. Plaintiff’s further particulars were supplied on 30 March 2021. Thereafter the parties started to exchange correspondence with the defendant expressing the inadequacy of the supplied further particulars and the plaintiff taking a different view.... More
The right to vote lies at the centre of every constitutional democracy. Such a right falls under political rights which a citizen is entitled to enjoy and same are constitutionally protected, and in the Zimbabwean case, under Section 67 of the Constitution of Zimbabwe Amendment (No 20) Act 2013 (hereinafter referred to as the “Constitution”). More
The first applicant the Movement for Democratic Change is a political party, commonly known as the (“MDC”). It will be referred to as the first applicant. The second applicant Mr Morgan Tsvangirai is its president. He was the first applicant’s presidential candidate in the just ended harmonized elections held on 29 March 2008. He will be referred to as the second applicant. More
In August 2004, at the summit of the Southern Africa Development Community held in Mauritius, certain principles and guidelines governing democratic elections for the member countries were adopted. These shall be referred to in this judgment as “the SADC Principles and Guidelines”. The first respondent, acting on behalf of the Republic of Zimbabwe approved of the guidelines and gave Zimbabwe’s assent thereto. More
This matter was placed before me through the chamber book as an urgent application on March 10, 2008. Applicant seeks the following provisional order against the respondent:
“Pending confirmation or discharge of this provisional Order;
1.The respondent be and is forthwith hereby interdicted and restrained from using the applicant’s name and materials and posters resembling the applicant’s materials and posters in his campaign for the House of Assembly seat of Mabvuku-Tafara.
2. The respondent be and is hereby ordered to forthwith remove the posters he plastered in and around the Constituency, failing which the applicant’s structures in Mabvuku-Tafara Constituency be... More
