The applicant approached the court on an urgent basis. The matter was regarded not urgent and the application was heard as an opposed matter. The applicant was seeking for the relief to compel the first respondent to surrender property and assets belonging to the estate of the late Shingirai Bevan Tirivangni Mukandi (hereafter referred to as Mr Mukandi).
The brief facts are that, the applicant as the executor dative of the estate of the late Mr Mukandi has a duty provided under s 42 of the Administration of Estates Act [Chapter 6:01] to compel any person who is not an... More
At the hearing of this matter, I dismissed it with no order as to costs. Reasons for that decision have been requested. These are they.
The Applicant approached the court on an urgent basis seeking his immediate release from detention and a declaratory order that the conduct of the First Respondent in detaining him at Harare Remand Prison without furnishing him with the reasons thereof is unlawful. He submitted that he was detained without charge or explanation and was not aware of any offence or reason for his detention. He further submitted that the arrest contravenes the Constitution and the... More
I dismissed this bail application on the turn on 24 March, 2020 and indicated that detailed reasons would be availed upon request. In determining the application I indicated to counsel that there were no prospects of success on appeal. I have been requested to provide the detailed reasons for judgment. More
This is an appeal against a judgment of the Magistrates Court in terms of which the appellant was convicted of kidnapping or unlawful detention as defined on s 93 (1) (a) of the Criminal Law(Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on condition that within that period he does not commit similar offence. More
The legal issue that arises in this chamber application is whether the provisions of the Labour Act [Cap 20:01] exclude the jurisdiction of the High Court in areas where the Labour Court has jurisdiction. More
