: Counsel for the applicants withdrew the application after conceding that the order sought had been overtaken by events. The application sought to bar the respondent from conducting Zimbabwe Teachers Association (ZIMTA) national elections which ran from 22 – 25 April 2005 in Victoria Falls. The application was heard on 17 October 2013 well after such elections had taken place. It was incompetent for the court to bar elections which had already been conducted. Thus the concession by applicants counsel was properly made. More
This an application by the defendant, as applicant herein, for amendment of his pleadings in an ongoing matrimonial matter under HC 3490/21. For ease, the parties will simply be referred to herein by the terms plaintiff or defendant save in the order granted. This application is against the backdrop of the following context. The parties are presently embroiled in a divorce trial in which at issue, as a starting point referred to trial, is the standing of a consent paper which the defendant signed. The consent paper gave plaintiff all the property. The defendant later refused to advance it further... More
CHIKOWERO J: Having been denied bail pending trial by the magistrates court sitting at Chegutu, the appellants appealed against that decision in terms of s 121 (1) (b) of the Criminal Procedure and Evidence Act [Chapter 9:07] (“the CPEA”) as read with rule 6 (1) of the High Court (Bail) Rules 1971. More
This application before the court is an offshoot of a bill of costs that was taxed by a taxing officer on 16 November 2020 in favour of the respondents. The application was opposed by the first, third and fourth respondents (hereafter referred to as the respondents). The taxed amount is US$10, 122.00. The taxed bill was presented to the applicant’s legal practitioners on the same day of taxation. The applicant claims that he settled the bill by paying the taxed amount in Zimbabwe dollars. Through their legal practitioners of record, the respondents denied that the payment in local currency discharged... More
This application was filed on urgency on 19 March 2021 and was placed before me initially on 24 March 2021. At the hearing it turned out that there was a similar application pending before this court involving the same parties, seeking the same relief under Case number HC 608/21 (the first urgent application.) The first urgent application was filed on 16 March 2021 and was placed before my brother MUSAKWA J who struck it off the roll for applicant’s failure to use the correct form.
At the initial hearing of 24 March 2021, a preliminary point of lis pendens was... More
