1. This is an application brought by the applicant for my recusal from hearing this matter. Before the applicant argued his application for recusal, I placed the following facts on record: that I only knew Mr Jaricha counsel for the respondent only as a legal practitioner appearing before this court. I have never met him outside court and I do not socialise with him. In his brief submissions Mr Jaricha confirmed this position, i.e. that I have never met him outside court and that I do not socialise with him. More
After filing several unmeritorious applications in this court, which were either dismissed or withdrawn a decree of perpetual silence was issued by this court per CHIKOWERE J on the 11th of February 2019. The applicant was ordered not to institute any action of whatever nature with respect to a certain piece of land situate in the District of Bulawayo known as Stand 14475 Bulawayo Township of Stand 15038 Bulawayo Town Ship measuring 1 600 square metres (hereinafter referred to as “the property”). Applicant was ordered not to issue any court process commencing action, or set down any matter already filed... More
The appellant in this matter was convicted of rape as defined in section 65 of the Criminal law Codification and Reform Act (Chapter 9:23). The allegations were that appellant had anal intercourse with the complainant Sabina Dube sometime in June 2017. Appellant was sentenced to 12 years imprisonment with 3 years imprisonment suspended on the usual conditions. More
Sometime in 2005 the land in dispute was acquired by the State in terms of section 16B (4) of the former Constitution of Zimbabwe. It was subsequently ceded to the 2nd respondent for the protection and management of wildlife therein. Applicant and 2nd respondent entered into a five (5) year lease agreement wherein applicant would occupy Lot 4 of Devuli Ranch held under Deed of Transfer 5251/92 and conduct hunting business on it. This lease agreement was entered into on 13th December 2017, a week after 1st respondent had issued summons in HC 3183/17. In that case, 1st respondent was... More
MOYO J: This is an urgent chamber application wherein the applicant sought spoliatory relief for the repossession of Lot 4 Devuli Ranch also known as Mapari Ranch.
At the hearing of the matter I granted the order ex tempore. The 1st respondent has requested written reasons. Here are the reasons. 1st respondent had raised 2 points in limine. The 1st being that applicant was not properly represented as there was no resolution authorizing Leon Johannes du Plessis to represent applicant. A resolution was then tendered from the bar, the court accepted it and that point was settled. A 2nd point... More
