This is an application for rescission of a judgment granted under case number HC 13281/12, brought in terms of Order 9, Rule 63 of the High Court Rules 1971. At the hearing of the matter, I dismissed the application with costs and indicated that my reasons for so doing would follow. These are the reasons: More
: The application before the courts for Bail pending Trial. The brief history of the matter of necessity has to be highlighted. The applicants were indicated for trial before this court and their trial was set to commence on 30 July 2012 under case HC 115/2012. On 30 July 2012 the trial did not kick off as the applicants and the state had sought to discuss a statement of agreed facts on a possible plea of culpable homicide. On 01 August 2012 the state withdraw charges in respect of the applicant’s co accused. Relying on a statement of agreed facts... More
This is an opposed application wherein the applicant seeks the following relief:
“IT IS ORDERED THAT:
1. The respondent and all those claiming occupation through her shall vacate stand number 3414 Mainway Meadows, Waterfalls, Harare within (7) days of this order, failing which the Deputy Sheriff is authorised and directed to evict the respondent and all those claiming occupation through him (sic).
2. The respondent shall pay for the costs of this application on a higher scale of legal practitioner and client scale”. More
This is an appeal against a decision of the lower court dismissing an appeal against an order by the Community Court. The appeal before the lower court was in terms of s 24 (1) of the Customary Law and Local Courts Act [Chapter 7:05]. More
This matter came before me via the chamber book. The application was filed on 13 June, 2011 and was scheduled to be heard on the 16th of June, 2011. Because the opposing papers were filed and served upon the first respondent a few minutes before the scheduled hearing, the applicant requested that the hearing be postponed to either 20 or 21 June, 2011 to enable her to file an answering affidavit. But since the applicant’s immovable property was set to be auctioned at 10 a.m. on 17 June, 2011 I directed that the hearing be postponed to 9 a.m. on... More
