The plaintiff’s case as pleaded is as follows. In 2008 he entered into a verbal agreement in terms of which the defendant agreed to deliver to him an immovable property at 4 Wroxham Road, The Grange, Harare. In consideration of that the plaintiff would transfer to the defendant 167 275 Old Mutual Public Limited Company shares and 110 000 shares in a company known as PPC. Transfer of title in the property would be registered in favour of the plaintiff upon delivery of the Old Mutual shares. The PPC shares would be transferred to the defendant after the transfer of... More
This application for review of a magistrate’s maintenance variation decision on the grounds of bias, was placed before me on the unopposed roll for family matters. Suffice it to state that the failure to respond to the application for review by the judicial officer, who was cited as the second respondent herein, was of no consequence. In the case of Chiremba v Chiroodza and Another 2018(1) ZLR 315 (H), it was stated that a judicial officer cannot be compelled to defend his decision in an application for review. If, as held therein, he or she has not filed any affidavit... More
This is an appeal from the Regional Magistrate’s court. It is against both conviction and sentence. The appellant was charged with 2 counts of rape as defined in 65(1) of the Criminal Law (Codification and Reform) Act (Chapter 9:23) (“the Code”). He was also charged with 1 count of attempted rape as defined in s 189, as read with s 65 of the Code. He pleaded not guilty. But after a full trial, the Regional Court convicted him on all counts. Treating all the counts as one for the purposes of sentence, the appellant was sentenced to 10 years imprisonment,... More
This is an application for declaratory relief wherein applicant is seeking that:
1. Section 156(1)(a)(b)(c) and (e) as read with section 155 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (THE CODE);
2. Section 157(1) (a) and (b) of the CODE and
3. Section 3 as read with section 6 of the Dangerous Drugs Act [Chapter 15:02] (THE DDA) and section 4(a) and 6(1) of the Dangerous Drugs Regulations 1975 (Rhodesia Government Notice No. 1111 of 1975) as amended by Statutory Instrument 409 of 1999 Regulations No. 4 (THE REGULATIONS). More
Plaintiff claimed $47 700.00 together with interest at the prescribed rate from 7 April 2015 to date of payment plus costs of suit on a higher scale from the defendant from an alleged unlawful use of its trading name and goodwill. Plaintiff also alleged that defendant fraudulently used its certificate of registration. More