In this urgent chamber application the applicants seek the following provisional 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. The mining certificate of registration number 37266 issued in favour of first respondent and the said certificate’s predecessors and successors be and are hereby declared to be null and void ab initio.
2. Fourth, fifth and sixth respondents, their agents, appointees or any persons acting in their place and stead shall not issue any mining licence, prospecting licence, permit... More
This case raises issues regarding minority rights in this country and one hopes, this judgment, in a way, will help spark a frank national conversation of these issues which we appear to have been shy or less enthusiastic to openly discuss.
[2] On 15 August 2014, the plaintiff who is a transgender issued process out of this Court seeking damages against the defendants.
The plaintiff’s claim was framed under different headings as stated hereunder:
“(i) Payment of $100 000.00 being damages for unlawful arrest.
(ii) Payment of $100 000.00 being damages for unlawful detention.
(iii) Payment of US$300 000.00 being... More
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
