The appellant was convicted, on his own guilty plea of contravening s 89 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 24 months imprisonment of which 3 years were suspended on condition of future good behaviour. Aggrieved by the conviction and sentence he appealed against both. More
The applicants seek an order compelling the first respondent to transfer to them within three months of the order, ownership of a certain piece of land situate in Harare called Stand 3225 Bluffhill Township. The claim is based on an alleged agreement of sale between the applicants and the first respondent dated 23 June 2016. The applicants allege the first respondent has evinced an intention to cancel that agreement, or to breach it. More
In case No. HC 3719/20 the first respondent obtained a default judgment per CHAREWA J against the applicant on 7 October 2020 in a claim for the ejectment of the first respondent and all those claiming through her from premises called G3 Mimosa Flats, South Road, Norton. The default judgment was applied for and granted on the basis that the applicant having been personally served with summons on 3 August, 2020 failed to enter appearance to defend. In consequence of such failure to enter appearance to defend, the applicant was barred from filing the appearance to defend or any other... More
TSANGA J:
The backdrop to this matter is a Will which was executed by the late Abraham Zaranyika who passed away in 2001. Mr Simplicious Chihambakwe, the first respondent herein, was appointed in the Will as the executor. In that Will, the deceased bequeathed among other assets, No 21 Van Praagh Avenue, Milton Park, in Harare to his wife Maud Zaranyika. She is the third respondent herein. The bequest was upon the condition that on her death or remarriage, the property would be held in a Trust called Abraham Zaranyika Trust for the benefit of stated beneficiaries. His desire did... More
This civil trial commenced on 11 December 2024. At the close of the plaintiff’s case, the third, fourth and fifth defendants applied for absolution from the instance. The applications were made in terms of rule 56(6) of the High Court Rules, 2021 and were strenuously opposed by the plaintiff. The court permitted the defendants to file their applications in writing and set timelines for filing the relevant papers. Subsequently, the court heard oral arguments from the parties’ legal practitioners on 23 January 2025 and reserved its judgment. At the hearing, the court struck out the fourth and fifth defendants’ answering... More
