The appellant was convicted of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. He was sentenced to five years imprisonment of which two years imprisonment was suspended on condition of future good behavior. His driver’s licence was cancelled. He appeals against both conviction and sentence. More
This is an application for the setting aside of the sale to and cession into the name of the second respondent of rights, title and interest in an immovable property known as No. 5 Gura Way, Marondera. The stand number of the property is described differently in the papers. In the Certificate of Authority to sell the property given by the third respondent, the Master of the High Court, it is described as Stand No. 2503 Chitepo Township Marondera also known as House No. 5 Gura Way Marondera. The valuation reports annexed to the applicant’s papers describe it as Stand... More
This is an application for the dismissal of a court application for want of prosecution in terms of Rule 236 (3) (b) of the High Court Rules 1971. It is not in dispute that the 1st and 2nd respondents (hereinafter referred to as the respondents) filed a court application under case number HC 3079/20 on 19 June 2020 against the applicant and others seeking a cancellation of certain title deeds. The applicant filed a notice of opposition on 1 July 2020 and served the respondents with the same on 2 July 2020. More
In the exercise of the power conferred upon it by its own governing act to grant declaratory orders, should this court set aside its own previous declaratory order and substitute in its place a completely different declaratur, if the effect of doing so would amount to ‘doing violence to the sense and substance of the original order? Put differently, is it a competent exercise of parallel jurisdiction to grant a declaratur whose effect would be to nullify another declaratur already issued by this court which is extant? A litigant who is aggrieved by the conferment of rights, title and interest... More
