These two cases were urgent chamber applications for an interdict pendente lite. Both were prepared and launched at about the same time. Counsel agreed I should consider them together even though in Case 2, Sylvia Choruwa v The Commissioner – General, ZIMRA, there was no formal hearing as such. More
This is an appealagainst the decision of the Magistrates Court sitting at Masvingo wherein it rejected an application for an interdict brought by the Appellantbarring the 2nd respondent,(who is the messenger of Court for Masvingo)from selling his 14 head of cattle which had been attachedpurportedly in execution of a judgement granted by that court. More
This is an appeal against the decision of the Magistrate Court sitting at Chiredzi dismissing appellant’s application for rescission of a default judgment which was granted in 2009. More
The applicant and the 2nd respondent both lay claim to the same mining block situated in the Mberengwa district of the Midlands Province, each apparently fortified in his claim by the mine registration documents granted his favour. Whereas the applicant’s mine is known as Lockhead 1 mine, that of the 2nd respondent goes by the name Aqua 5 mine. The applicant acquired his mine in 2017 having taken all the necessary steps required by 1st respondent for such registration. The 2nd respondent on the other ‘inherited’ his mine from his late father Lazarus Musipa, the latter who had acquired registration... More
This was a criminal appeal from the magistrates’ court. It was against both conviction and sentence. The appellant was convicted of theft of trust funds as defined in s 113[2][d] of the Criminal Law [Codification and Reform] Act, Cap 9:23 [“the Code”]. The amount involved was $2 500. He was sentenced to a fine of $400, or in default thereof, three months’ imprisonment. He was also sentenced to an additional twelve months imprisonment of which six months’ imprisonment was suspended for five years on the usual condition of good behaviour. The remaining six months imprisonment was suspended on condition that... More
