MUSITHU J: Before the court is an application for rescission of a default judgment granted by this court in HCH 1748/24 on 19 June 2024. The application was made in terms of r 27(1) of the High Court rules, 2021. The first applicant’s founding affidavit was deposed to by the third applicant in his capacity as the authorised representative of the first applicant. The application was opposed by the first respondent. A notice of filing was issued and filed on behalf of the second and third respondents by the Civil Division of the Attorney General’s office. They indicated that they... 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
