MAKONESE J: This is an application for an order setting aside the ruling of the 4th respondent (hereinafter referred to as the Sheriff), wherein he upheld an objection raised by 1st to 3rd respondents to the confirmation of a sale of immovable property being Subdivision D of Stands 5, 6, 7 and 8 of Matsheumhlope, Bulawayo. Applicant further sought an order of this court directing the 4th respondent to cause the sale of the immovable property in question by way of private treaty to enable it to recover the full value of its judgment debt in terms of an order... More
This is a claim for contractual damages brought by the plaintiff against the defendant. The plaintiffs’ claim is founded on contractual damages and arise out of breach of contract. The plaintiff claims a total of US$250, 000.00 in damages. More
MAKONESE J: Section 274 of the Criminal Law Codification and Reform Act (Chapter 9:23) provides that where a person is charged with a crime the essential elements of which include the essential elements of some other crime, he or she may be found guilty of such other crime, if such are the facts proved and if it is not proved that he or she committed the crime charged. The effect of this provision in our law, is that where the evidence led and proven facts are found that another cognizable offence at law, other than that in the charge sheet... More
TAKUVA J: This is an application for a declarateur against the respondent. Applicant seeks an order declaring that the respondent’s deduction of her health allowanceextended to her by the Ministry of Health and Child Care is illegal and unlawful. Further applicant seeks an ancillary order for the payment of all monies that have been deducted by the respondent to date. More
DUBE-BANDA J:This is an application for bail pending appeal. The applicants, including one other individual who is not part of these proceedings, were arraigned before the court of the Magistrate on a charge of theft as defined in section 113 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. After a contested trial, the three were found guilty as charged. First applicant was sentenced to forty months imprisonment, six months suspended on the usual conditions and a further twelve suspended on condition of restitution. He remained with an effective prison term of twenty-two months. Second applicant was... More
