The application for condonation for late noting of appeal is hereby dismissed. The applicant has no prospects of success on appeal. Whilst he says that the court a quo did not inform him of his legal right to legal representation, it is clear from the record of proceedings that the accused’s guilty plea to the rape charges was unequivocal. He admitted to the charges and all the essential elements of the offence. Even in mitigation it is clear that he was admitting to having committed the offences. It is my considered view that there was no substantial miscarriage of justice.... More
The Applicant’s bone of contention is that as a beneficiary of the estate of the deceased, he is not happy with the manner in which the 1st and 2nd Respondents became Directors in the 3rd to the 5th Respondents and in that on the 9th of April 2020 as 3rd -5th Respondents Directors the two made resolutions to sale immovable properties which belong to the 3rd -5th Respondents in order to clear due administration fees for the estate of the deceased. The 2 also resolved that the 3rd Respondent would sell some of its immovable properties and that the 2nd... More
The plaintiff’s issued summons against the defendant for the payment of $208 839.98 (two hundred and eight thousand eight hundred and thirty nine dollars and ninety eight cents) being retrenchment benefits, interest thereon at the prescribed rate and costs of suit on the attorney- client scale. When the matter was called for trial, defendant objected to the jurisdiction of this Court arguing that the plaintiff’s cause of action is in the form of a Labour dispute exclusively resolvable in terms section 89 of the Labour Act [Chapter 28:01]. The objection in limine was opposed by the plaintiff More
The plaintiff Stephen Pasipanodya in his capacity as the executor to the estate of the late Edna Pasipanodya issued summons against the late Betty Ruwizhi in her capacity as the successor to the estate of the late John Ruwizhi and the Director of Housing Municipality of Chitungwiza on 18 November 2003 claiming cession of rights over stand number 11192 Rusununguko Zengeza 4 Chitungwiza, certificate of occupation of the same, an eviction order against the late Betty Ruwizhi and all those claiming occupation through her and costs of suit. More