This was an application for review. The second respondent was a provincial magistrate. At all relevant times she was stationed at Zaka, one of the districts in the Province of Masvingo. It was the proceedings before her in the court below that were brought on review. On 25 August 2017 she granted a rule nisi ex parte. It was a provisional order of spoliation against the applicants herein [respondents therein], in favour of the first respondent herein [applicant therein] [hereafter referred to as “Mutema”]. The alleged spoliation was in respect of certain business premises situate Nyika Growth Point, Bikita, namely... More
This is an appeal from the Magistrates Court sitting at Mwenezi. The respondent made an application for a “Peace Order” and interdict. The application was opposed. The court a quo found for the respondent and made the following order:-
“Application for interdict is hereby granted as follows-
1. Respondents are hereby ordered not to disrupt meetings called by applicants pursuant to her duties as village head.
2. No order as to costs.” More
On 21 April 2020 I presided over a bail application by the applicants under B84/20. I dismissed the application. This application is a follow up application citing changed circumstances. More
The late George William Noble (“the deceased”) died on 12 March 2019. He left behind a will apparently bequeathing, a piece of land to his children, among them Ernest Albert Noble. I use the word “apparently” because that particular bequest is disputed and forms the subject matter of the present matter. That piece of land is situated in the district of Kwekwe and was identified by the parties as Lot 1 Rolling River Ranch, Kwekwe (“the property”). In the wake of the demise of the deceased, the said Ernest Albert Noble was appointed executor testamentary of his estate and it... More
The appellant wasconvicted in the Magistrates Court sitting at Beitbridge of the offence of theft oftrust property as defined in section 113 of the Criminal Law (Codification and Reform) Act, [ Chapter 9:23] ("the Criminal code"). The nub of the charge was that the appellant received the sum of eight thousand United States dollars (US $8 000) from the complainant for the sole purpose of purchasing a motor vehicle (described in the charge as a Mercedes Benz Atego 815 truck) (‘the motor vehicle”) from the United Kingdom on behalf of the complainantwhich sum of money he (i.e. appellant) unlawfully converted... More
