These matters were all set down before me for the hearing of certain preliminary issues arising out of the service of election petitions subsequent to their filing by the petitioners. As the issues before me were concerned with legal disputes I found it convenient to have the matters set down for hearing at the same. In order to accommodate counsel I heard the last three matters in the morning and the first two in the afternoon. I also, for the sake of convenience, decided to do a composite judgment of all the matters. The question in all five matters was... More
This is an appeal against sentence imposed following the conviction of the appellant on charges of stock-theft as defined in S 114 of the Criminal Law (Codification moreover, Reform) Act [Chapter 9:23]. The appeal pertains to three records which were tried separately. These are CRB GT 96/17, CRB GT 592/1, and CRB GT 604/17. The first two records have already been considered by this court in the exercise of its review powers following the referral of the records in terms of s 57 of the Magistrate Court Act. This Court is
not going to interfere with the review decision made... More
The applicant filed an urgent application for stay of execution having learnt, through an advertisement, of an intended auction sale of their immovable property at the instance of the first respondent the AFC Commercial Bank (sic). The auction is to be held on 9 December 2022. The applicant borrowed some money from the Bank under an agreement which in terms of s 38 (2) (3) (4) and (5) of the Agricultural Finance Act [Chapter 18:02] as read with the Second Schedule of the Act, allows the Bank in the event of default, to sell property used as security without further... More
The plaintiff herein claims the transfer of a property in Groombridge, Harare, pursuant to an agreement of sale concluded in August 2009. Alternatively, it claims cancellation of the agreement and repayment of the sum of US$145,000 from the 1st defendant. The latter denies having received payment of the purchase price in the manner agreed. She counterclaims for an order declaring the agreement to have been validly cancelled together with an order for the eviction of the plaintiff. More
The applicant is the owner of a property called Shop No. 1, 32 Julius Nyerere Way, Harare. It leased the property to the respondent by written lease agreement executed on 17 January 2018 due for termination on 31 March 2018. Upon the expiry of the lease agreement, the applicant sought the eviction of the respondent and an order to confirm the cancellation of the agreement. The applicant also pleaded that it required the leased premises for its own use. More
