Initially this appeal was in respect of both conviction and sentence. However at the commencement of the hearing of the appeal Mr Mafa for the appellant withdrew the appeal in respect of the sentence and thus abandoned the grounds of appeal in relation to the sentence. This appeal now solely relates to the conviction. More
ZISENGWE J. On 30 September, 2020 we delivered an ex tempore judgment whose net outcome was to the following effect; (i) to uphold the 3rd and 4th appellant’s appeal against conviction in respect of count 1 (and the concomitant setting aside of the sentence attendant thereto), (ii) to dismiss the 1st and 2nd appellants appeal against both conviction and sentence in respect of count 1, and (iii) to dismiss the appeal by all four appellants against both conviction and sentence in respect of count 2. More
CHAREWA J: The general rule in matrimonial matters is that each party pays their own legal costs unless the loser has behaved unreasonably, in which case the court may order costs against them. However, where a party is unable to afford legal representation in circumstances where they have reasonable prospects of success and the other party can afford it, a party may seek a court order against the other party to pay costs pendent lite.[S67 High Court Rules 2021. See Dube (Nee Msimanga) V Mavako-Dube HB 78/06 . See also Chinyamakobvu V Chinyamakobvu 2014 (1) ZLR 509 and Alban Gerard... More
As can be gleaned from the pleadings filed of record the Chieftainship dispute of the Mugabe clan in Masvingo province has been raging on for a long time since the death of the then substantive Chief Mugabe one Mude Mudavanhu in November 2009.
The 3rd respondent was appointed the Acting Chief Mugabe pending the appointment of the substantive Chief since the death of the substantive Chief Mugabe in November 2009. The 3rd respondent has been so acting until his appointment as the substantive Chief Mugabe on 23 January 2023 in terms of section 283 (1) (a) of the Constitution of... More
The present dispute is an off-shoot of the main matter between the parties and comes as a result of the judgement I delivered in Eric Murowa v Mabaya & Sons Transport & General Contractors CC & Another HMA 61-22. The following background facts suffice by way of recap. The plaintiff instituted a claim for the recovery of the sum of ZAR 1 830 272 in delictual damages arising from injuries he sustained in a motor vehicle collision. More
