The accused was convicted on his own plea of guilty on a charge of theft as defined in s 113 0f the Criminal Law (Codification and Reform) Act [Cap 9:23] He was sentenced to 36 months imprisonment of which 6 months imprisonment was suspended on appropriate conditions of good behaviour. Of the remaining 30 months imprisonment 6 months were suspended on condition of restitution to the complainant in the sum of US$265.00. He now applies for bail pending appeal against sentence only. More
In the court below, the respondent being the plaintiff, (herein referred to as the Trust), issued summons seeking there lease by the defendant, the appellant herein,of 66 x 75 mm gate valves; 9 x 75mm fire hydrants and 2x160 mm gate valves. These were said to have been received by the appellant on behalf of the Trust for onward delivery to Mutare. Alternatively, the Trust had sought as payment of damages,thesum ofUS$7174.00 orits RTGS equivalent,together with interest at the prescribed rate as well as legal costs on a higher scale.In the appellant’s plea to the claim,he had stated that the... More
: This application was placed before me as one for the suspension of a sale in execution in terms of R71(14) (a) of the High Court Rules of 2021. It is trite that such an application is treated as an urgent matter. Upon receipt, I caused the matter to be set down for the 28th of March 2024. However, by the date of set down, the applicants’ legal practitioners had renounced agency. The first applicant at the hearing made an application for a postponement of the matter on the grounds that they no longer had legal representation and required time... More
: This matter came before me as an urgent chamber application which the applicant instituted against the first and the second respondents.
The applicant is the former husband of the first respondent. The two were married in terms of Customary Law in 1976 and, in 1983, the parties solemnised their marriage in terms of the Marriage Act, [Cap 37] (now 5:11). More
The plaintiffs are all residents of Mudereri Village under Chief Masunda in the Zvishavane Communal area. By virtue of its proximity to Zvishavane Town, the village is fast transforming into a peri-urban residential settlement under the jurisdiction of the Zvishavane Town Council, the second defendant herein. A dispute has however arisen between the plaintiffs and the defendants following what the plaintiffs consider to be the forced annexure of their land by the fifth defendant and incorporating it into the area under the second defendant’s jurisdiction. As a result of that dispute, the plaintiffs’ caused summons to be issued out of... More
