The applicant was arraigned before a Regional Magistrate’s Court sitting at Bulawayo facing a charge of contravening section 65 of the Criminal Law Codification and Reform Act Chapter 9:23. He was convicted and sentenced to 15 years imprisonment of which 3 years were wholly suspended for 5 years on condition accused does not within that period commit any offence of a sexual nature. The State alleged that on a date unknown to the prosecutor but during the period extending from 2019 to 2020, and at house number 729 Jacaranda, Gwanda, the accused person had sexual intercourse with Precious Mpunzi, a... More
This is an application in terms of Order 49 rule 449(1) (a) of the High Court Rules, 1971 (Rules). This rule provides that 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 affected party, correct, rescind, or vary any judgment or order that was erroneously sought or erroneously granted in the absence of any party affected thereby. Applicants seeks an order drawn in the following terms:
1. The default judgment granted on the 9th June 2016, be and is hereby set-aside.
2. The notice... More
The background to the seeking of these inelegantly couched and long-winded orders is this: -
The applicant obtained a loan from the 2nd respondent which he secured by registering a mortgage bond against the immovable property described herein. The debt was not paid as per agreement and the 2nd respondent successfully obtained judgment against the applicant, which judgment declared the immovable property executable. The 3rd respondent subsequently sold the immovable property at a judicial sale and the 1st respondent was declared the highest bidder. A purported request to have the sale set aside in terms of the then rule 359... More
3. This application will be better understood against the background that follows. The applicant contends that on the 3rd April 2021, he entered into a loan agreement with respondent. He was advanced USD5 500.00 which the parties agreed would be payable on the 24 April 2021, together with interest and the total payable would turn to be USD7 150.00. According to the applicant it was agreed that he would pledge his motor vehicle a Toyota Hilux motor vehicle Registration No. AEF 6948 (vehicle), as security for the due repayment of the loan. The applicant surrendered possession of the vehicle to... More
These are largely common cause as shown by the following sequence of events. On 29 August 2016, applicant caused summons to be issued out of this court against the respondents under case number HC 2163/16 claiming defamation damages in the sum of US$100 000-00. The respondents defended the claim and the matter progressed all the way to trial before MABHIKWA J who on 19th May 2019 upheld the applicant’s claim for damages against the 1st and 3rd respondents and awarded applicant the sum of US$16 000-00 as damages. More
