The 14 applicants filed individual urgent applications against the same respondents. At the commencement of the hearing of these applications Mr Makoni who represented all the applicants applied for the consolidation of the matters so that the court can have a single hearing. The application for consolidation was not opposed. More
GUVAVA J: This matter was placed before me on a certificate of urgency on 7 March 2013 in terms of R244 of the High Court Rules, 1972. On 11 March 2013 I endorsed on the record that the matter was not urgent having formed this opinion after reading the application before me. By letter dated 14 March 2013 the applicant’s legal practitioners requested to appear before me and make representations with regards to the issue of urgency. I then requested the Registrar to set the matter down on 18 March 2013 so that I could hear counsel. More
This is a court application for an order Actio Communi Divendo. Put simply, any party with an interest in jointly owned property can claim the division of the joint property according to that joint owner’s share in the property. It is a requirement for the division of the joint property that the parties need to try to divide the property among themselves first, before approaching the Court for an action to divide the property, which action is called the actio communi dividendo. See Robson v Theron 1978 (1) SA 841 (A). More
The appellant was convicted on his plea of guilty to contravening s 28 (2) of the Firearms Act [Cap 10:09]. He was sentenced to pay a fine of Z$2 000 or in default, four days imprisonment. He now appeals against both conviction and sentence.
The agreed facts were that on 29 September 2006 and at 2030 hours the appellant drove along Harare-Bulawayo road and upon reaching Selous Shopping Centre he parked his Isuszu KB 250 pick-up truck. He disembarked from the motor vehicle and went into the shop. Upon his return he discovered that his pistol had been stolen from... More
