This is an application for leave to appeal against the decision of the magistrates’ court to acquit the respondent at the close of the State case. More
I heard this application on 11 June, 2018. I delivered an ex-tempore judgment in favour of the applicant.
On 19 September, 2018 the registrar of this court wrote advising that the first respondent appealed my decision. He requested for my reasons for the same. More
The plaintiff, a trust formed in accordance with the laws, of Zimbabwe, approached the court for the relief of:
1. eviction of the defendant from a portion of Lot 5A Mayfield comprising of “former mushroom ward, physiotherapy room, bathroom and offices situate at the B.S Leon Retirement Village, 1 Monavale Road, Milton Part, Harare;
2. payment of arrear rentals by the defendant in the sum of $23 500-00 at the time of the claim;
3. holding over damages in the sum of $4000-00 per month from May 2015 to date of vacation;
4. interest on the above amounts at the... More
This matter was initially set down for hearing before me on 7 July 2011. After perusing pleadings filed by the parties to the dispute I required the first and second respondents to lodge with my clerk a copy of an environmental assessment impact report alluded to in the opposing affidavit which had been omitted from the record. Consequently the matter was postponed for hearing after the filing of the report.
By the time that date arrived the parties had filed further documents and I postponed the matter to 20 July 2011 to enable the court and the parties to the... More
The plaintiff is a Trust formed in terms of an Addendum to a consent order entered into by the defendant and his ex-wife, Colleen Beatrice Benatar. The Addendum was subsequently made an order of this court. More