MAKONESE J: The applicant is the Executrix Dative of the late Memory Ngwenya who died on the 18th of July 2021. The late Memory Ngwenya was a prominent business woman owning various immovable properties in Bulawayo. A bitter struggle for the control of these properties and other business concerns has led to a flurry of cases being filed in this court. More
The salient facts upon which this application must be determined are common cause. The applicant is the Executrix Dative of the estate late Memory Ngwenya who passed away on the 18th of July 2021. She was appointed to that office on the 18th of November 2021. During her lifetime, the late Memory Ngwenya had been the sole shareholder and secretary of the 1st respondent company. She was one of the two directors of the 1st respondent. After her demise, there was a Curator Bonis who was appointed by the Master of High Court to prepare a report about her assets. More
MABHIKWA J: The applicant in this matter was charged with and convicted of the crimes of firstly contravening section 65 of the Criminal Law (Codification and Reform) Act, Chapter 9:2 – “Rape” and secondly contravening section 67 (1) (a) (i) of the same Act, “Indecent assault.” The applicant was subsequently sentenced by the Regional Magistrate’s Court sitting at Bulawayo to 16 years imprisonment of which 3 years imprisonment were suspended on conditions. Having filed a Notice of appeal against both conviction and sentence, the applicant has filed the current application for bail pending appeal. More
The applicant and 1st respondent had a mining dispute over the pegging of applicant’s Eric 9 Mine which had allegedly encroached onto 1st respondent’s Annedale 12 Mine. Both mines are located in the Insiza District. With the consent of the applicant and 1st respondent the mining dispute was investigated and adjudicated upon by the Provincial Mining Director, Matabeleland South. 3rd respondent handed down a determination on 15th June 2020 with findings that applicant was required to adjust the boundaries of his claim so that they did not overlap into 1st respondent’s claims. Dissatisfied with the determination by 3rd respondent, applicant... More
KABASA J: This is an appeal against a determination made by the Provincial Mining Director for Matebeleland South. The determination filed of record has 15th June 2020 as the date of determination and T. Makaza as the official who made such determination. The notice of appeal however has a different date as the date of the determination and a different name of the official who is said to have made that determination. More
