1. This is an appeal against the judgment of the magistrates Court in terms of which the appellant was convicted of three counts of robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The appellant was sentenced to 12 years imprisonment per count. Of the total 36 years imprisonment 6 years imprisonment was suspended for 5 years on the usual conditions of good behaviour and a further 3 years imprisonment was suspended on condition the appellant paid restitution. Thus, the effective sentence was 27 years imprisonment. The appeal is against both the conviction... More
The applicant in this matter seeks an order, inter alia, compelling all the respondents to facilitate and pay for a Pajero motor vehicle which he had ordered through the 4th respondent. The basis of his claim is that he is entitled to acquire the said vehicle through the Members of Parliament Vehicle Loan Scheme which was initiated in 2001 (“the Scheme”) and that the respondents have unlawfully denied him the benefits of that facility. More
The applicants approached this honorable court seeking a declaratory order of an immovable property. The applicant in his official capacity as the Executor Dative of the Estate Late Kizito Dzorwa approached this Honorable court seeking a Declaratory Order in terms of s 14 of the High Court Act [Chapter 7:06].It is common cause that the applicant’s late father was granted a lease by the first respondents over a certain commercial premise measuring 2023 square meters comprising of a butchery,bottle store, grinding mill and general dealer all situated at Rusike Communal Land Mungate Business Centre under Chief Chinamora Domboshava in Goromonzi... More
That this is an application made by two judgment debtors whose immovable property has been sold by the Sheriff in execution of a judgment of this court in terms of r 359 (8) of this court’s rules, is beyond any disputation because the application itself says so firstly in the Form 29 and secondly in para 6 of the first applicant’s founding affidavit dealing with the nature of the application. More
The applicant seeks relief by way of summary judgement. The relief sought is set out in the draft order accompanying the application as follows:
“1. Summary judgement be and is hereby granted.
2. Defendant shall pay the sum of US$33 000 to plaintiff or the equivalent thereof at the prevailing inter-bank rate made up as follows;
a) US$18 000 for explosives sold to the defendant.
b) US$14 500 being arrear rentals for mining compressors.
c) US$500.00 being damages for repair of the damaged compressor.
3. Interest thereon at the prescribed rate from the date of summons to date of full... More
