This is an application for rescission of judgment brought in terms of Rule 449 or alternatively Rule 63 of the High Court Rules, 1971.
Rule 449 provides that:-
(1) “The court or a Judge may in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order –
(a) that was erroneously sought or erroneously granted in the absence of any party affected thereby; or
(b) ………………”
The applicant seeks rescission of the judgment granted in case number HC 523/2019 on the basis... More
This matter came initially as a chamber application for an order “postponing or suspending a sale in execution in terms of Order 40 Rule 348A of the High Court Rules 1971. The execution debtor (applicant) sought the following relief:
“It is hereby ordered that:
1. The sale in execution of the applicant’s dwelling being stand 2298 Bulawayo North of Bulawayo Township Lands situate in the District of Bulawayo also known as stand number 73 Baden Powell Road North End, Bulawayo be suspended on condition that:-
a. (a) the applicant delivers to the first respondent, a bus being a Toyota Coaster... More
This is a bail application pending trial. The applicants are charged with the crime of robbery as defined in s 126 (1)(a) as read with s 126 (2)(a) and s 126(3)(a)(b) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on 11 March 2023 acting in common purpose with other two accomplices, armed with an unidentified pistol and Okapi knife used violence or threats of violence to subdue and rob the complainants of USD 3597.00, a black Itel cellphone, a Samsung J6 Plus, Gtel infinity cellphone, an Itel tablet and company keys. More
This is a provisional sentence matter. Plaintiff issued provisional sentence summons against the defendant claiming provisional sentence in an amount of US$208 000,00, together interest at the prescribed rate from the date of acknowledgment of debt to the date of payment in full. More
On the 5th of May 2020 the applicant was arrested on allegations of robbery in contravention of section 126 of the Criminal Law Codification and Reform Act (Chapter 9:23). Applicant appeared on an initial remand on the 7th of May 2020. He was remanded in custody and is currently lodged at Khami Prison. The state opposes the application for bail. Applicant denies the allegations against him and contends that he was nowhere near the crime scene on the day of the robbery. More
