This is a chamber application for condonation for late filing of an application for review. I dismissed the application in an ex-tempore judgment after hearing from the parties. The parties have not asked for written reasons but I decided to provide them in anticipation of such a request.
Rule 62 (4) provides that:
“Any proceedings by way of review shall be instituted within eight weeks of the termination of the suit, action or proceedings in which the irregularity or illegality complained of is alleged to have occurred.” More
This is a claim for divorce and ancillary relief. At a pre-trial conference the parties agreed that their marriage has irretrievably broken down and that it cannot be salvaged. They however, failed to resolve the issue of a Mercedes Benz motor vehicle registration number ADH 7024 and the immovable property known as stand 1724 Emganwini in Bulawayo. The parties were married to each other in terms of the Marriages Act Chapter 37 on the 20th of October 1989. At the time of divorce there are no minor children born of the marriage, all children are majors. More
1. This is an application for bail pending appeal against conviction and sentence. The applicants together with another person who is not part of this application were arraigned before the Magistrates’ Court sitting at Beitbridge. They were charged with eight counts of fraud as defined in section 136 of the Criminal Law (Codification and Reform) Act [Chapter 09:23]. They were convicted and each sentenced to thirty months imprisonment with six months suspended for five years on the usual conditions and a further eight months suspended on condition of restitution. More
DUBE-BANDA J: This is an application for bail pending appeal. It was filed with this court on the 12 February 2021. Respondent filed its response on the 15 February 2021. This application was considered on the papers filed by the parties without oral argument, in accordance with paragraph 4 of Practice Directive 2 of 2021 issued by the Chief Justice of Zimbabwe. After I had completed writing this judgment, while it was awaiting to be taken to the Registrar’s office for the allocation of a judgment number (HB number), I was then informed that applicant had filed a notice of... More
MOYO J: This matter started off as a court application but was at some stage referred to trial. The plaintiff seeks an order couched in the following manner:-
“1. The applicant be and is hereby declared the rightful owner of a property known as 3 Cathness Hillside Bulawayo.
2. That pursuant to the above 1st and 2nd respondents sign all the necessary transfer papers within 7 days of the granting of this order so as to effect transfer into the names of the applicant.
3. Failure by the 1st and 2nd respondents to sign the necessary transfer papers the Sheriff... More
