This court application is brought in terms of Order 32 of the High Court Rules, 1971 (before they were repealed) as read with section 175 (6) and section 85 (1) of the Constitution of Zimbabwe.
Order 32 deals with the procedure for applications. Section 175 (6) of the Constitution provides that; “(6) When deciding a constitutional matter within its jurisdiction a court may—
(a) declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of the inconsistency;
(b) make any order that is just and equitable, including an order limiting the retrospective effect... More
On 29 March 2008, the harmonised presidential, parliamentary and council elections were held in Zimbabwe. The petitioner stood as the candidate on behalf of Zimbabwe African National Union (Patriotic Front) ‘ZANU PF’ for the House of Assembly seat in the constituency of Mbare. The first respondent contested the seat on behalf of the Movement for Democratic Change ‘MDC’. The second respondent was responsible to conduct and supervise the polls. On 30 March, 2008 the first respondent was declared the winner of the seat. More
This application was initially set down for hearing on the 8th of February 2022. The applicant, then a self-actor, made an application for a postponement on the basis that he had engaged a legal practitioner but had not yet finalised with him. Although the application was opposed, the court granted the application and indicated to him that the matter would proceed on the 11th of February 2022. On that date, the applicant’s legal practitioner appeared and indicated that the Advocate whom they had engaged had advised him that morning that she was unavailable due to ill-health. The court indicated that... More
The applicant is the former registered owner of an immovable property known as a certain piece of land situate in the District of Salisbury called Stand 425 Marlborough Township Extension 2 of Marlborough measuring 6 808 square metres which he held under Deed of Transfer Number 10289/2002 (the property). The property was sold in execution of a judgment debt of US$39, 000.00 and costs of suit granted in favour of the third respondent herein against the applicant and Micromart (Private) Limited (Micromart) on 15 February 2016, under HC 9923/14. The second respondent purchased the property from a Sheriff’s sale. Its... More
This is a court application for a Declaratory Order and Consequential relief made in terms of s 14 of the High Court Act [Chapter 7.06] in which the applicants seek an order couched in the following terms:
That the decision of the second respondent to sell late David Govere’s private property namely Number 52 Hessel Road, Borrowdale, Harare, through a skewed private treaty to an interested party be declared unlawful.
That the Surety Agreement relied upon to regard the late David Govere as a co-principal debtor to COLDRAC Products (Pvt) Limited and the attachment of his personal private property be... More
