This is an application for bail pending appeal in terms of section 123 (b) (1) of the Criminal Procedure and Evidence Act (Chapter 9:07) as read with Rule 90 (4) (e) of the High Court Rules 2021. More
This is an appeal against conviction and sentence. The appellant appeared before the Regional Magistrates Court sitting in the Western Division, he was charged with the crime of criminal abuse of duty as a public officer as defined in s 174 of the Criminal Law (Codification and Reform) Act, [Chapter 9:23]. It being alleged that on 7 September 2021 and at Bulawayo Magistrates Court, Tredgold Building, Bulawayo he during the exercise of duties as a Magistrate being a Public Officer unlawfully and intentionally granted two different verdicts in a court application, that is to say he passed a ruling dismissing... More
The background to this matter is that applicant and 1st respondent are related in that applicant is 1st respondent’s son. 1st respondent is also married to 2nd respondent who is applicant’s step mother. 3rd respondent is a legal entity wherein applicant, 1st and 2nd respondents are shareholders. Applicant lays claim to an immovable property known as 45 Southway Burnside. He avers that he purchased the property personally from his own funds but got it registered in the name of 3rd respondent. 1st and 2nd respondents have since made a resolution to sell the property and from the notice of opposition... More
This is an application for rescission of judgment. At the outset, and to avoid confusion it is important to state that this application is in terms of rule 63(1) of the High Court Rules, 1971. It is important to state this because the heading of this application is framed thus: court application for the rescission of judgment in terms of rule 449(1) (a) as read with rule 63(1) of the High Court Rules, 1971. Respondents objected to this approach on the basis that an application for rescission cannot be anchored on both rules 63 and 449. At the commencement of... More
This matter was filed under a certificate of urgency with this court on the 25th July 2022. The parties appeared before me on the 3rd of August 2022 to argue the matter. The applicant seeks an order in the following terms:
“Interim relief sought
1. It is hereby ordered that the applicant be allowed occupation, use and access to a mine registered under certificate of registration number 30223 registered on 5 October 2015, in the name of Silobela Community Development Trust in respect of a mine named Turtle 54.
2. The 4threspondent with all those who act through him on... More
