The applicant seeks the following order;-
“1. A declaratory order do hereby issue to the effect that the light of a surviving spouse to a matrimonial home as a personal light which dies with the holder.
2. A declaratory order do hereby issue to the effect that the right of Clara Mtokela to inherit the matrimonial home from the Estate late Kokerai Dera is not transmissible to Estate late Clara Mtokela.
3. A declaratory order do hereby issue to the effect that the first respondent identifies the correct beneficiaries to the estate late Kokerai Dera.
4. It is ordered that... More
The applicant approached this court on an urgent basis seeking a provisional interim order that the second respondent be interdicted from making any direct payment(s) to the first respondent and that all payments due to the first respondent should be made into Messrs Sande Legal Practice’s Trust Account and to be retained therein pending the hearing and definitive determination of the action proceedings filed against the first respondent under Case No. HC 10934/2017. More
On 9 October 2020, I granted the applicant’s application for bail based on changed circumstances. Not satisfied with my order, the State requested that I supply my reasons for granting bail. I now provide the reasons.
The background to this matter is that the applicant was arrested on 26 July 2009 on allegations of murder and armed robbed together with three accomplices. (See CRB No. 14/16). One of the co-accused, Tendai Jongwe, was granted bail by this Court under B 1227/16. The applicant was indicted for trial before this Court on 25 January 2012. The trial matter commenced 25 January... More
This is an appeal against sentence only.
Proceedings a quo
The appellants and one other were, on 31 May 2006, convicted of one count of robbery and six counts of rape.
Each was sentenced to 12 years imprisonment in respect of the robbery charge and to 10 years imprisonment on each of the six counts of rape. The court ordered that the sentence on the first three counts of rape was to run concurrently with the sentence imposed on the last three counts of that offence. The sentence concluded with these words:
“Of the total 72 years imprisonment, 12 years... More
This is an urgent chamber application in terms of which first applicant seeks the following relief per provisional order:-
TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. The respondents and all those acting through them be and are hereby barred from implementing second and third respondents’ decision of the 23rd of May 2017 against the applicants and accessing the applicants’ mining area pending the finalization of the review application filed by applicants under case no. HC 5172/17. More
