DUBE-BANDA J: This matter came to this court as a bail application pending appeal. The applicants were convicted of contravening section 368 (2) as read with section 368 (4) of the Mines and Minerals Act [Chapter 21:05], i.e. prospecting for gold without a licence or permit by the Magistrate at Kwekwe Court on 12 June 2020.The allegations were that on the 2nd March 2020, at a bushy area near Gokwe Road, Kwekwe, the applicants were found prospecting for gold. The applicants were not holders of a prospecting licence authorising them to prospect for gold. The applicants pleaded not guilty to... More
The background to this matter as gleaned from the papers filed of record is that on 25 August 2017 the City of Bulawayo (Council) allocated the applicant 198 stands in Pumula South Phase iii, and that stand number 15520 is one of the 198 stands. On 9 November 2021 the applicant sold stand 15520 to one Milidza Moyo (Moyo). On the other hand, on 25 March 2021 first respondent (Dube) obtained a court order in HC 2039/20, in the main compelling the third and fourth respondent (Exceed Construction and Mharadze) to construct a two roomed house at stand number 15520... More
The plaintiffcompany in this matter issued summons against the defendant company and prayed for the following:
(a) An order confirming the cancellation ofagreement of lease between plaintiff and defendant in terms of which plaintiff leased to defendant the premises located on a portion of stand 391 Bulawayo Township, also known as Warehouse, Haddon & Sly Complex, Bulawayo.
(b) An order for the ejectment forthwith of the defendant and all its subtenants, assignees, invitees, and all those claiming occupation through defendant from plaintiff’s premises.
(c) Payment in the sum of US$33 950,00 being arrear rent as at 31 August 2016, together... More
DUBE-BANDA J: This is an application for bail pending trial. Applicant is charged with the counts, count one: robbery as defined in section 126 of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that on the 7thMarch 2021, at around 2020 hours, applicant in the company of four others who are still at large, proceeded to the complainant’s residence armed with pistols. Thereat disarmed a security guard and assaulted him. Threatened with pistols the people at the residence, assaulted one with a pistol butt on the back of the head. Assaulted some with a baton stick.... More
The application for a declaratory order in terms of s85 (1) of the Constitution was placed before me on the unopposed roll, the respondents not having filed opposition. Although the 1st respondent had also not filed opposition to the 1st applicant’s part of the combined application, Mr Ndubiwa for the 1st respondent was in attendance and counsel advised that they were in the process of achieving an amicable settlement of the matter. There being no appearance or opposition for the 2nd and 3rd respondents I granted a default judgment in the following: More
