At the hearing of this matter we gave an ex tempore judgment and dismissed the appeal against both conviction and sentence. We have been requested to furnish written reasons for our decision for purposes of appeal to the Supreme Court. The following were our reasons. More
The plaintiff in this matter claims from the defendant the sum of
US$64 544.45 (Sixty four thousand five hundred and forty four dollars and forty-five dollars) being damages arising from a road traffic accident between his commuter omnibus and a late motor cyclist formerly employed by the defendant which he blames on the deceased employee of the defendant, interest at the prescribed rate from date of summons to the date of full and final payment of the judgment debt and costs of suit on a legal practitioner –client scale. More
The appellant was arraigned before the magistrate at Chipinge on a charge of culpable homicide. He pleaded not guilty but was convicted after a trial. He was sentenced to 18 months imprisonment of which 6 months was suspended for 5 years on condition of future good conduct. In addition, the appellant was prohibited from driving any class of motor vehicle for the next 6 months More
Applicant is the second wife of the late Sheunesu Mpepereki (the deceased). First respondent is his daughter. First respondent’s mother was the deceased’s first wife. The deceased left a will in terms of which first respondent was appointed the executrix testamentary. Under the will, the deceased directed that his only immovable property, number 22 Dulverton Drive, Glen Lorne, (the immovable property) be sold and that from the proceeds realized, $50 000.00 be given to the applicant. The balance of the estate was bequeathed to first respondent.
The will was submitted to second respondent and in recognition of it, second respondent... More
This urgent chamber application was initially set down for the 10th of October and I heard the parties on the points in limine, reserved my ruling and thereafter dismissed the points raised with a notification that reasons would follow. I give my very brief reasons for dismissing the points in limine.
Points In Limine
The first point raised is that this matter is not urgent as the sale was concluded in January 2022 and nothing was done to challenge the sale even in June 2022 when applicant’s counsel represented the tenants when they were evicted. Such proceedings are said to... More
