This is an application for summary judgment in terms of Rule 30 subrule (1) of the High Court Rules, 2021. It is trite that an application of this nature may be made where the defendant has no bona fide defence to the plaintiff’s claim or based on a liquid claim such as an Acknowledgement of Debt duly entered into by and between the applicant and the respondent. More
The applicant is a corporate duly registered in terms of the laws of Zimbabwe. It is suing out for a declaratory order to the effect that the judgment debt in case number HC 1977/18 is payable in United States Dollars or in Zimbabwean dollars converted at the bank rate subsisting at the time payment will be made. The relief it seeks as per its draft is couched as follows: More
The applicant applied for bail pending trail. The applicant is awaiting trial on a charged of rape in terms of s 65 of the Criminal (Codification and Reform) Act [Chapter 9:23]. I dismissed the application. More
The appellant, who was 18 years at the time of the alleged offence, was found guilty of raping an old woman of 77 years. He appeals against both conviction and sentence. He raised four grounds of appeal. The first ground was that the learned trial magistrate misdirected herself by convicting the appellant in light of the fact that the appellant gave a version of events which was reasonably possibly true and was not demonstrated to be false by the evidence led during trial. More
On 17 August 2009 the plaintiff issued summons out of this court for the eviction of the defendants and all persons claiming title through them from Stand 332A Muguta Extension Epworth, holding over damages at the rate of US$1-33 per day calculated from 1 February 2009, interest thereon at the prescribed rate and costs of suit. The defendants contested the action and raised both the special pleas of res judicata and lis alibi pendens before pleading over to the merits. More
