There is a banker and client contractual relationship between the parties. The plaintiff (Ramatex) sued the defendant (ACL) for general damages in the sum of US$998 960.00. The circumstances giving rise to the claim are partly common cause. There are 3 issues identified and agreed to by the parties for determination at this trial. These are;
(a) Whether or not ACL submitted the application for the registration of Ramatex’s blocked funds on or before the 30 April 2019 deadline;
(b) Whether the registration of the legacy debt failed as a result of the late submission of the application of the... More
1.This is an appeal against conviction only.
2.The appellant was convicted of impersonating a public official in contravention of s179 (1)(a) of the Criminal Law Code and of reckless driving as defined in s53(2) of the Road Traffic Act [Chapter 13:11] (the Act).
3.The two issues that arise in this appeal are these. First, whether the trial court’s factual finding that the appellant impersonated a public official defies reason and common sense. Second, whether the appellant’s admitted manner of driving amounted to reckless driving.
4.We find against the appellant on both issues. Consequently, we uphold the judgement rendered a quo.... More
The plaintiff seeks in this matter an order declaring as null and void an agreement of sale entered into by and between Kingdom Mutungwazi and Ezekiel Mtapuri in respect of an immovable property called Lot 3 of Zuvanyika measuring 5.3523 Morgen including what is described as a 16 rooms compound.
After the closure of the plaintiff’s case an application for absolution from the instance was made on behalf of the defendant. The application was dismissed with costs on 20 June 2009.
The trial resumed and after the closure of the defendant’s case the parties were directed to file written closing... More
: what defendant and the plaintiff (“the parties”) placed before me is what I may refer to as an exception –within-an exception. Its genesis is that, the plaintiff sued the defendant under the law of delict. He claimed certain sums of money from the plaintiff, his former employer, in the form of the damages. He grounded his suit under the Acquilian action,
The plaintiff served his summons and declaration upon the defendant on 17 November 2020. The defendant entered appearance to defend on 26 November, 2020 after which it, on 11 December 2020, wrote a letter of complaint to the... More
This is an appeal against sentence. The appellant was convicted by a Harare court on a charge of fraud in contravention of section 136 of the Criminal Law (Codification and Reform) Act Chapter 9.23. The allegations were that sometime in February 2011 the complainant told the appellant that he had just obtained a provisional driver’s licence and that he intended to obtain a driver’s licence. The appellant then told the complainant that he could process him a driver’s licence upon paying him $300.00 which was to be forwarded to a VID person. By June 2012 nothing had been processed. The... More
