The three applicants seekthe rescission of a default judgment that was entered against them on 4 December, 2019. The respondent had issued summons out of this court for the delivery of replacement motor vehicle parts or in the alternative payment of a certain sum of money being their replacement value (as well as interest thereon) and costs of suit. The default judgment followed the failure by applicants to enter appearance to defend within the dies induciae More
“IT IS DECLARED AND ORDERED THAT;
1. The applicant Robert Kagandi is a registered joint holder of mining rights, title and interests in the mining location which constitutes Coronation 2 Mine, Masvingo (registration number 5244) by virtue of being a member of Enfield Syndicate.
2. The applicant, Robert Kagandi has legal rights to conduct mining operations within the mining location named Coronation 2 Mine (registration number 5244) situated partly on Bruceham Farm (6 hectares) partly on Victoria Park Farm (1 hectare) approximately 137 metres Norton of Coronation School and approximately 500 metres North East of trig Beacon 475/T Re. Pegs... More
The applicant seeks the following Order.
“TERMS OF THE FINAL ORDER SOUGHT
That you show cause to this Honourable Court, if any, why a final order should not be made in the following terms;
1. That the first respondent or any person acting on his behalf for the purpose of furthering the interests of the first respondent be and are hereby ordered to refrain from in any way interfering with the applicant’s possession or occupation of Coronation 2 situated approximately party (sic) on Bruceham Farm (6 Hectares) party (sic) on Victoria Park Farm (1 Hectare) approximately 137m North of Coronation... More
The appellant appeared before a Regional Magistrate sitting at Gweru facing three counts. The first count is contempt of court as defined in section 182(1) (2) (e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The second and third counts are attempted murder as defined in section 189 as read with section 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. On the first count the learned Regional Magistrate found the appellant guilty and imposed a fine of $300 or in default of payment 3 months imprisonment. In counts 2 and 3 appellant was found guilty... More
This is an appeal against the decision of the Magistrates Court sitting at Chiredzi wherein it granted respondent’s application for spoliation in respect of a piece of land situate in the Lowveld district of Chiredzi, namely subdivision 111 of Mkwasine Central, Chiredzi (“the piece of land’). The appellant attacks the decision of the court a quo on two broad grounds namely that it (i.e. court a quo) ought to have declined to entertain the application for spoliation as essentially the same dispute pitting the same parties was pending in a different court case. The argument therefore is that the court... More
